GIFT  OF 


STATE   OF    NEW    YORK 


THIRD    REPORT 


OF   THE 


Factory    Investigating    Commission 


1914 


TRANSMITTED  TO  THE  LEGISLATURE  FEBRUARY  14,  1914. 


ALBANY 

J.    B.    LYON    COMPANY,    PRINTERS 
1914 


^vC^-t-rrx^. 


STATE  OF    NEW  YORK 

No.  28 


IN  ASSEMBLY 

FEBRUARY  16,  1914 


THIRD    REPORT 

OF    THE 

FACTORY    INVESTIGATING    COMMISSION 

1914 


ROBERT  F.  WAGNER, 

Chairman. 
ALFRED  E.  SMITH, 

Vice-Chairman. 
CHARLES  M.  HAMILTON, 
EDWARD  D.  JACKSON, 
CYRUS  W.  PHILLIPS, 
SIMON  BRENTANO, 
ROBERT  E.  DOWLING, 
MARY  E.  DREIER, 
ABRAM  I.  ELKUS,  SAMUEL  GOMPERS, 

Chief  Counsel.  Commission. 

BERNARD  L.  SHIENTAG,     FRANK  A.  TIERNEY, 

Assistant  Counsel.  Secretary. 

HOWARD  B.  WOOLSTO.X, 
Iiircrlor  of  Wage  Investigation. 

A.  H.  N.  BAROX, 
Assistant  Director. 


ACT   CONTINUING  COMMISSION. 


CHAP.  137. 

AN  ACT  to  continue  the  commission  created  by  chapter  five 
hundred  and  sixty-one  of  the  laws  of  nineteen  hundred  ari'.l 
eleven,  entitled  "An  act  to  create  a  commission  to  investigate 
the  conditions  under  which  manufacture  is  •  carried  on  in 
cities  of  the  first  and  second  class  in  this  state,  and  making 
appropriation  therefor/'  and  to  enlarge  the  scope  of  the 
investigation  of  the  commission  and  making  an  appropri- 
ation therefor. 

Became  a  law  March  27,  1913,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  The  commission  created  by  chapter  five  hundred  and 
sixty-one  of  the  laws  of  nineteen  hundred  and  eleven,  entitled 
"An  act  to  create  a  commission  to  investigate  the  conditions  under 
which  manufacture  is  carried  on  in  cities  of  the  first  and  second 
class  in  this  state,  and  making  an  appropriation  therefor,"  is 
hereby  continued  with  all  the  powers  conferred  by  said  chapter, 
as  amended  by  chapter  twenty-one  of  the  laws  of  nineteen  hundred 
and  twelve. 

§  2.  In  addition  to  the  powers  heretofore  conferred  upon  it  by 
such  chapter,  as  amended,  the  said  commission  shall  have  power 
to  inquire  into  the  wages  of  labor  in  all  industries  and  employ- 
ments and  the  conditions  under  which  labor  is  carried  on  through- 
out the  state,  and  into  the  advisability  of  fixing  minimum  rates 
of  wages  or  of  other  legislation  relating  to  the  wages  or  conditions 
of  labor  in  general  or  in  any  industry.  Said  commission  shall 
also  have  power  to  subpoena  and  require  the  attendance  of  wit- 
nesses and  the  production  of  books  and  papers  pertaining  to  the 
investigation  and  inquiries  hereby  authorized  and  to  take  the 
testimony  of  all  such  witnesses  and  to  examine  all  such  books  and 
papers  in  relation  to  any  matter  which  it  has  power  to  investigate. 


vi  ACT  CONTINUING  COMMISSION. 

§  3.  The  said  commission  shall  make  a  report  of  its  proceed- 
ings, together  with  its  recommendations,  including  a  revision  of 
the  labor  law,  to  be  prepared  by  the  said  commission  if  deemed 
advisable  by  it,  to  the  legislature  on  or  before  the  fifteenth  day  of 
February,  nineteen  hundred  and  fourteen. 

§  4.  The  sum  of  fifty  thousand  dollars  ($50,000),  or  so  much 
thereof  as  may  be  needed,  is  hereby  appropriated  for  the  actual 
and  necessary  expenses  of  the  commission  in  carrying  out  the  pro- 
visions of  chapter  five  hundred  and  sixty-one  of  the  laws  of  nine- 
teen hundred  and  eleven,  as  amended,  and  of  this  act,  payable  by 
the  treasurer  on  the  warrant  of  the  comptroller  on  the  order  of 
the  chairman  of  said  commission. 

§  5.  This  act  shall  take  effect  immediately. 


CONTENTS  OF  THE  REPORT. 


PAGE 

Repoit  oi  commission 1_64 

CREATION  AND  ORGANIZATION  OF  COMMISSION 1 

Sl'MMAUY  OF   WORK  IN    1911 2 

CONTINUANCE  OF  COMMISSION  IN  1912 4 

Summary  of  Commission's  work  in  1912 5 

Issuance  of  tentative  bills 6 

Summary  of  legislation  passed 7 

Hearing  on  Commission's  bills  before  legislative  committees 10 

CONTINUANCE  OF  COMMISSION  IN  1913 10 

WORK  OF  COMMISSION  IN  1913 11 

General  wage  investigation 11 

Wages  in  artificial  flowers  and  millinery  industry 12 

Report  on  wage  legislation 12 

Minimum  wage  bibliography 12 

Recodification  of  the  Labor  Law 12 

Fire  hazard  in  mercantile  establishments 12 

Miscellaneous  matters  13 

APPRECIATION  OF  ASSISTANCE  TO  COMMISSION 13 

WAGE  INVESTIGATION 14 

Demand  for  investigation  15 

Direction  of  investigation 15 

Appointment  of  Advisory  Committee 16 

Outline  of  proposed  plan  for  wage  investigation 18 

Meeting  with  Advisory  Committee 25 

Questions  for  discussion  25 

SCOPE  OF  INVESTIGATION  UNDEBTAKEN 27 

Extent  of  investigation 27 

Methods  of  investigation   28 

Report  on  minimum  wage  legislation 29 

PBESENT  STATUS  OF  WAGE  INVESTIGATION 31 

WAGES  PAID  IN  CONFECTIONERY  AND  PAPER  Box  INDUSTRIES  IN  NEW  YORK 

CITY 31 

Tables  showing  rates  of  wages  and  earnings  according  to  occupation, 

age  and  sex  of  workers 32 

WeeKly  rates  in  the  confectionery  industry 40 

Actual  earnings  in  the  confectionery  industry 40 

Weekly  rates  in  the  paper  box  industry 41 

Actual  earnings  in  the  paper  box  industry 41 

[vii] 


viii  CONTENTS  OF  THE  REPORT. 

PAGE 

WAGES  Too  Low  FOR  DECENT  LIVELIHOOD 42 

NECESSITY  FOB  CONTINUANCE  OF  INVESTIGATION 42 

RECODIFICATION  OF  THE  LABOR  LAW 45 

Repeal  of  certain  articles 45 

Transfer  of  present  articles  of  Labor  Law  to  other  chapters  of  Con- 
solidated Laws 46 

Present  arrangement  of  the  Labor  Law 47 

Proposed  classification 47 

New  article,  "  The  Department  of  Labor  " 48 

Summary  powers  of  Commissioner  increased 49 

Penalty  provisions 49 

Increase  in  criminal  penalties. 49 

Magistrates  to  dispose  of  first  offense  violations  of  Labor  Law 50 

Consolidation  of  provisions  relating  to  employment  certificates 51 

MERCANTILE  ESTABLISHMENTS 51 

Sanitation 52 

Employment  of  children 52 

Hours  of  labor  for  women 53 

Time  books 54 

FIRE  HAZARD  IN  MERCANTILE  ESTABLISHMENTS 54 

•Scope  of  investigation  54 

Conditions  in  upstate  stores 55 

(  onditions  in  New  York  City  stores 56 

Conclusions 57 

Smoking 58 

Provisions  for  proper  maintenance 58 

Construction 60 

MISCELLANEOUS  MATTERS  62 

Report  on  Binghamton  fire 62 

Night  work  for  women  —  test  case 63 


LIST  OF  APPENDICES  TO  REPORT. 


PAGE 

APPENDIX       I.     Keport   of   Director    of    Investigation    on   wages   in 

the  Confectionery  Industry  in  New  York  City.. . .     65-105 
II.     Report   of    Director   of   Investigation   on   wages    in 

the  Paper  Box  Industry  in  New  York  City 105-166 

III.  Minimum  Wage  Legislation  —  Irene  Osgood  Andrews  167-385 

IV.  A    List    of    Selected    References    on    the    Minimum 

Wage  —  C.  C.  Williamson,  Ph.D 387-413 

V.     Proposed  Recodification  of  Labor  Law 415-600 

VI.     The   Fire   Hazard    in   Mercantile   Establishments  — 

Frances  Perkins   601-658 

VII.     Report  on  the  Binghamton  Clothing  Company  Fire  — 

James  P.  Whiskeman,  C.E ' .   659-676 

[ix] 


APPENDIX  I. 


PAGE 

Report  of  the  Director  of  Investigation  on  Wages  in  the  Confectionery 
Industry  in  New  York  City , 65-105 

INTRODUCTION 67 

CONFECTIONERY  TRADE  IN  NEW  YORK  CITY 68 

PERSONNEL 72 

Table  1.     Sex  and  age 72 

Table  II.     Nativity 73 

Table  III.     Nativity  by  sex  and  age 74 

Table  IV.     Conjugal  condition 75 

OCCUPATIONS 75 

Table  V.     Occupations  by  age  and  sex 76 

Table  VI.     Occupations  by  nativity 77 

RATES  OF  WAGES  77 

Table  VII.     Weekly  rates  by  occupation 78 

Plate  A.     Comparison  of  weekly  rates 79 

Plate  B.     Relative    number    of    persons    in    each    of    the    principal 
branches  of  the  confectionery  industry  in  New  York  City,  divided 

by  sex  and  into  wage  groups 80 

Table  VIII.     Median  rates  by  age  groups  according  to  sex 81 

Plate  C.     Mean  (median)  rates  of  wage  by  age  groups 82 

ACTUAL  EARNINGS 83 

Table  IX.     Weekly  earnings  by  occupation 84 

Plate  D.     A  comparison  of  rates  quoted  and  actual  earnings  per 

week 85 

DAYS  WORKED 85 

Table  X.  Days  worked 86 

HOURS 86 

Table  XI.  Hours  per  week 87 

Table  XII.  Persons  working  overtime 87 

SEASONAL  FLUCTUATIONS 88 

Plate  E.     Chart  showing  total  number  of  employees  and  total  wages 
paid,  week  by  week,  for  year  September  9,   1912,  to  September 

6,  1913,  for  45  firms  in  operation  throughout  this  period. 89 

SHIFTING 89 

Table  XIII.  Number  and  per  cent,  of  employees  working  given 

weeks  in  a  year 89 

Plate  F.  Weeks  worked  in  one  year  by  employees  of  10  firms  in 

confectionery  factories 90 


xii  APPENDIX  I. 

PAGE 

ANNUAL  EARNINGS 90 

Table  XIV.     Total  annual  earnings  by  occupation  and  sex 91 

Table  XV.     Average  weekly  earnings  by  occupation  and  sex 92 

EXPERIENCE 93 

Table  XVI.     Years  of  experience  by  age 94 

Table  XVII.     Earnings  and  trade  experience 95 

Table  XVIII.     Earnings  and  term  of  employment 96 

Plate  G.     Experience  and  earnings 97 

ADVANCE  IN  WAGES   98 

Table  XIX.     Advance  in  earnings  —  raised  in  one  year 99 

WAGES  AND  MARRIAGE 99 

Table  XX.     Median  wage  by  conjugal  conditions ^ 100 

EARNINGS  AND  NATIVITY 100 

WAGE  EARNING  WOMEN 100 

TYPICAL  WTEEKLY  BUDGET  FOR  SELF-SUPPORTING  GIRL  WORKER 101 

MEN  WORKERS  101 

EDUCATION 102 

STATUS  OF  THE  TRADE.  .                 102 


APPENDIX  II. 


PAGE 

Report  of  the  Director  of  Investigation   on  Wages  in  the  Paper  Box 

Industry  in  New  York  City 105-166 

EXTENT  OF  INDUSTRY 107 

PERSONNEL 109 

Table  I.     Sex  and  age 110 

Table  II.     Nativity 110 

Table  III.     Nativity  by  sex  and  age  groups Ill 

Table  IV.     Conjugal  condition 112 

OCCUPATIONS 112 

Table  V.     Occupation  by  age  and  sex 115 

Table  VI.     Occupation  by  nativity 116 

RATES  OF  WAGES 116 

Table  VII.  Weekly  rates  by  occupation . 119 

Plate  A.  Comparison  of  weekly  rates  and  earnings  by  sex 121 

Plate  B.  Comparison  of  weekly  rates  for  5,115  factory  workers 

receiving  less  than  $20  per  week 122 

Table  VIII.  Median  weekly  rates  by  age  and  sex  for  factory 

workers 123 

Plate  C.  Median  rates  and  earnings  by  age  and  sex 124 

ACTUAL  EARNINGS 125 

Table  IX.     Weekly  earnings  of  factory  workers  by  occupation  and 

sex 126 

DAYS  WORKED 125 

Table  X.     Days  worked  in  a  week 127 

HOURS 127 

Table  XI.     Hours  per  week  by  age  and  sex 128 

Table  XII.     Persons  working  overtime 129 

SEASONAL  FLUCTUATIONS 129 

Plate  D.     Chart  showing  total  number  of  employees  and  total  wages 

paid,  week  by  week,  for  the  year  beginning  November  1,  1912 130 

SHIFTING 131 

Table  XIII.     Number  and  per  cent,  of  employees  working  specified 

number  of  weeks  in  one  year 131 

Plate  E.     Number  and  per  cent,  of  employees  working  specified  num- 
ber of  weeks  in  one  year 132 

Table  XIV.     Additions  and  subtractions  in  working  force  for  a  year.  133 

TIME  LOST..  133 


[xiii] 


xiv  APPENDIX  II. 

PAGE 

ANNUAL  EARNINGS : 134 

Table  XV.     Annual  earnings  by  occupation  and  sex 135 

Table  XVI.     Average  weekly  earnings  by  occupation  and  sex 136 

EXPERIENCE 136 

Table  XVII.     Year's  experience  (medians)  by  age 137 

Table  XVIII.     Earnings  and  trade  experience 138 

Table  XIX.     Earnings  and  term  of  employment 139 

Plate  F.     Experience  and  earnings 140 

Table  XX.     Raised  in  one  year 142 

HOME  WORK 142 

WAGES  AND  MARRIAGE 143 

Table  XXI.     Median  earnings  by  conjugal  condition 143 

EARNINGS  AND  NATIVITY 144 

Table  XXII.     Median  weekly  earnings  and  nativity 144 

WAGE-EARNING  WOMEN 144 

Education 146 

DOMICILE 146 

Table  I.     Number  of  female  workers  by  age,  according  to  residence.  146 

COMPOSITION  OF  HOUSEHOLDS 147 

Table  2.     Number  of  families  of  given  size  by  number  of  wage  earn- 
ers in  each 148 

Table  3.     Number  of  families  of  given  size  and  weekly  income  of 

each 150 

PERSONAL  BUDGETS 150 

Contributions  to  the  families 150 

CARFARE 151 

Table  4.     Weekly  expenditures  for  carfares  by  rates  of  wages 151 

LUNCHEONS 152 

Table  5.     Weekly  expenditures  for  luncheon  by  rate  of  wages 152 

Spending  money 152 

Clothes 153 

Table  6.     Annual  expenditures  of  female  workers  for  clothes  by  rates 

of  wages 154 

Laundry 156 

Dues 156 

THE  GIRL  WITHOUT  A  HOME 156 

Cost  of  board  and  lodging 156 

Clothes,  spending  money,  insurance  and  savings 157 

REPRESENTATIVE  CASES  AND  BUDGETS 157 

DATA  OBTAINED  IN  THE  HOMES 159 

FLUCTUATION  OF  EARNINGS  OF  STEADY  WORKERS 164 

STATUS  OF  THE  TRADE.  . 165 


APPENDIX  III. 


PAGE 

Minimum  Wage  Legislation  —  Irene  Osgood  Andrews 167-385 

PREFACE 169 

TABLE  OF  CONTENTS 171 

THE  AMERICAN  MINIMUM  V¥AGE  MOVEMENT 173 

Introduction 173 

Early  History  of  the  movement  in  America 174 

Definition  of  a  living  wage 175,- 

Methods  of  wage  determinations 176 

Persons  and  industries  involved 177 

Proposals  in  Congress 178 

Analysis  of  American  Laws 179 

Titles 180 

Appointment  —  Organization  —  Appropriations 180 

Jurisdiction 181 

Initial  investigations 182 

Subordinate  wage  boards  —  Organization 183 

Operation  of  the  wage  boards 184 

Application  of  wage  determinations 185 

Rehearings 185 

Enforcement  —  Penalties 186 

Court  review 187 

Comparative  table  of  Minimum  Wage  Laws 188 

Operation  of  American  laws 195 

Oregon 195 

California 199 

Massachusetts 199 

Minnesota 203 

Utah 208 

Washington ' 212 

Wisconsin 213 

Recent  developments  in  the  American  movement 216 

Constitutional  amendments — Inclusion  of  men — Initiated  meas 

ures 216 

FOREIGN  LEGISLATION  AND  RECOMMENDATIONS 219 

New  Zealand 219 

Victoria 220 

Germany 231 

England 232 

International  recommendations 245 


[xv] 


xvi  APPENDIX  III  —  APPENDIX  IV. 

PAGE 

REPRESENTATIVE  OPINIONS  UPON  THE  OPERATION  OF  WAGE  BOARDS 248 

Position  of  the  American  Federation  of  Labor 248 

Economic  inequality  between  employer  and  employee 249 

A  living  wage  and  the  parasitic  industries 251 

Relation  to  cost  of  production 253 

Effect  upon  efficiency  of  employer  and  employee 253 

Employees  unable  to  earn  the  minimum  rate 259 

The  minimum  wage  as  a  public  policy 260 

Constitutional  aspects  of  minimum  wage  legislation 265 

DECISION  OF  OREGON  SUPREME  COURT  UPHOLDING  THE  MINIMUM  WAGE 

LAW 269 

MINIMUM  WAGE  LAWS 288 

The  American  acts 288 

California 288 

Colorado 296 

Massachusetts 300 

Minnesota 305 

Nebraska 311 

Oregon 315 

Utah 324 

Washington 325 

Wisconsin 331 

The  British  acts 335 

The  Trade  Boards  Act 335 

The  Coal  Mines  Act 348 

The  Victorian  Special  Boards  Act 354 

SELECT  BIBLIOGRAPHY 383 

MINIMUM  WAGE  COMMISSIONS  .-.  385 


APPENDIX  IV. 


PAGE 

A  List  of  Selected  References  on  the  Minimum  Wage  — C.  C.  William- 
son, Ph.D 387-413 


APPENDIX  V. 


PAGE 

Proposed  Recodification  of  the  Labor  Law. . . 415-600 

ARTICLE      1.     Short  title;  definitions 419 

2.  The  Department  of  Labor 421 

3.  General  provisions 453 

4.  Employment  of  children  and  females 459 

5.  Hours  of  labor 473 

6.  Payment  of  wages 485 

7.  Public  work 487 

8.  Employment  agencies  and  immigrant  lodging-houses 491 

9.  Building  construction  and  repair  work 497 

10.  Factories 499 

11.  Bakeries  and  manufacture  of  food  products 549 

12.  Tenement-made  articles 557 

13.  Mercantile  establishments 563 

14.  Mines,  tunnels  and  quarries;    employment  in  compressed 

air 568 

15.  Violations  and  penalties 580 

16.  Laws  repealed 581 

[xvii] 


APPENDIX  VI. 


PAGE 

Fire  Hazard  in  Mercantile  Establishments  —  Frances  Perkins 601-658 

FIRES  IN  DEPARTMENT  STORES 606 

Statistics 606 

Causes  and  places  of  origin  of  fires 606 

Comparative  Chart  I,  showing  causes  of  department  store  fires 607 

Comparative  Chart  II,  showing  rooms  in  which  fires  originated 609 

DETAILS  OF  THE  INVESTIGATION 610 

CONSTRUCTION 611 

Type  of  construction 613 

Areas 614 

Table  I.     10  stores  having  area  of  5,000  square  feet  and  less. . .  615 
Table  II.     16  stores  having  area  of  between  5,000  and  10,000 

square  feet 616 

Table  III.     30  stores  having  area  of  between  10,000  and  25,000 

square  feet 617 

Table  IV.     15  stores  having  area  of  between  25,000  and  50,000 

square  feet 618 

Table  V.     9  stores  having  area  of  between  50,000  and  100,000 

square  feet 619 

Open  wells  and  rotundas 620 

Waste  and  package  chutes 620 

Stairways 623 

Table  of  60  stores  having  no  continuous  fireproof  enclosed  stair- 
ways   624 

Basement  exits 626 

Table  showing  the  area,  number  and  type  of  stairways  in  32 

stores  having  no  direct  exits  from  basement  to  street 627 

Street  exits 627 

Exterior  fire-escapes 628 

Table  of  23  stores  having  no  exterior  escapes  or  horizontal  exits.  630 

Elevators  —  freight  and  passenger 631 

Fire  walls  and  horizontal  exits 632 

MAINTENANCE 633 

Occupancy 633 

Table  showing  occupancy  in  22  New  York  City  department  stores 

from  December  19th  to  24th,  1913 635 

Restaurants 637 

Kitchens 639 

Aisles 641 

Egress  devices 642 

[xix] 


xx  ^  ^  APPENDIX  VI/— APPENDIX  VII. 

^  *   'l    .  ,V*  v    ^    *•£  ,         "    .  ••     ^     :  PAGE 

Fire-escapes .\  .v 642 

Stairways 644 

Baling  rooms  and  waste 644 

Packing  rooms 645 

Combustibles 646 

No  smoking  signs 647 

Inflammable  decorations 648 

Connection  with  fire  departments  or  supervisory  companies 649 

Fire  appliances 650 

Standpipes.  .  .  „ 651 

Automatic  sprinklers 652 

CONCLUSION 654 

RECOMMENDED  REGULATIONS 655 

Construction 655 

Maintenance 657 


APPENDIX  VII. 


PAGE 

Report  on  Binghamton  Clothing  Co.  Fire  —  James  P.  Whiskeman,  C.E. .  659-676 

C.  E 659-676 

PLANS  OF  BINGHAMTON  CLOTHING  Co.  BUILDING.  .  672 


REPORT 

OF  THE 

NEW    YORK    STATE     FACTORY     INVESTIGATING 

COMMISSION 


To  the  Legislature  of  the  State  of  New  York: 

The  New  York  State  Factory  Investigating  Commission,  in  pur- 
suance of  the  provisions  of  chapter  137  of  the  Laws  of  1913,  here- 
by submits  the  following  report : 

CBEATION  OF  THE  COMMISSION. 

This  Commission  was  created  after  the  Triangle  Waist  Com- 
pany fire  occurring  in  New  York  City,  on  March  25,  1911,  in 
which  145  employees,  chiefly  women,  lost  their  lives.  It  owes  its 
existence  to  the  demand  of  the  people  of  the  State  for  a  careful  and 
scientific  investigation  of  the  conditions  under  which  men,  women 
and  children  are  employed  in  the  different  industries. 

Pursuant  to  chapter  561  of  the  Laws  of  1911,  the  following 
commission  was  appointed : 

By  the  President  of  the  Senate : 
Robert  E.  Wagner 
Charles  M.  Hamilton. 

By  the  Speaker  of  the  Assembly : 
Alfred  E.  Smith 
Edward  D.  Jackson 
Cyrus  W.  Phillips. 

By  the  Governor : 

Simon  Brentano 
Robert  E.  Dowling 
Mary  E  Dreier 
Samuel  Gompers. 


REPORT  OF   COMMISSION. 

1  OF  THE -COMMISSION'S  INVESTIGATION. 

The  Legislature  authorized  the  Commission  to  inquire  into  the 
conditions  under  which  manufacturing  is  carried  on  in  cities  of  the 
first  and  second  class  of  the  State,  to  the  end  that  remedial  legisla- 
tion might  be  enacted  for  the  protection  of  the  life  and  health  of 
all  factory  workers,  and  for  the  best  interests  of  the  public  gen- 
erally. 

The  Commission  was  given  all  the  powers  of  a  legislative  com- 
mittee, including  the  power  to  compel  the  attendance  of  witnesses 
and  the  production  of  books  and  papers,  and  the  right  to  appoint 
counsel,  secretary,  stenographer  and  the  necessary  employees  to  aid 
it  in  carrying  out  its  work  The  members  of  the  Commission  were 
to  receive  no  compensation  for  their  services. 

The  vital  importance  of  this  investigation  and  its  broad  scope 
have  already  been  fully  described  in  the  two  reports  of  the  Com- 
mission which  have  been  previously  submitted  to  the  Legislature. 

ORGANIZATION  OF  THE  COMMISSION. 

The  Commission  was  organized  in  August,  1911.  Senator  Rob- 
ert F.  Wagner  was  elected  Chairman,  and  Assemblyman  Alfred  E. 
Smith,  Vice  Chairman.  The  Commission  appointed  Abram  I. 
Elkus,  Chief  Counsel,  and  Bernard  L.  Shientag,  Assistant  Coun- 
sel. Frank  A.  Tierney  was  selected  as  Secretary. 

SUMMARY  OF  WORK  IN  1911. 

The  Commission  retained  Dr.  George  M.  Price  as  its  expert  in 
general  charge  of  the  work  of  inspection  of  manufacturing  estab- 
lishments, and  of  the  problem  of  sanitation  therein.  Mr.  H.  F.  J. 
Porter,  a  mechanical  engineer,  was  retained  as  advisor}  expert  on 
the  lire  problem.  Under  their  supervision  a  trained  corps  of  in- 
spectors was  put  in  the  field. 

The  Commission  held  fourteen  public  hearings  in  the  cities  of 
the  first  and  second  class  of  the  State;  222  witnesses  were  exam- 
ined, and  3,489  pages  of  testimony  taken.  In  addition  numerous 
executive  sessions  and  conferences  were  held. 


REPORT   OF   COMMISSION.  3 

TJ>e  following  investigations  were  conducted : 

1.  General  sanitary  investigation  of  factories  in  cities  of  the  first 
and  second  class. 

2.  .Fire  hazard  in  factories. 

3.  Women's  trades. 

4.  Conditions  in  bakeries  and  physical  examination  of  bakers 
employed  therein. 

5.  Lead  poisoning  and  arsenical  poisoning. 

6.  An  industrial  survey  of  a  selected  area  in  New  York  City. 

7.  Preliminary  investigation  of  child  labor  in  tenement  houses. 

Special  reports  on  each  of  the  foregoing  are  fully  set  forth  in  the 
Commission's  preliminary  report  in  three  volumes,  which  was  pub- 
lished March  1,  1912,  to  which  reference  is  here  made.  This  re- 
port, together  with  a  series  of  bills  embodying  the  preliminary  rec- 
ommendations of  the  Commission,  was  submitted  to  the  Legislature 
on  March  1,  1912. 

We  shall  not  now  go  into  the  details  of  this  preliminary  report, 
except  to  call  attention  to  the  fact  that  one  investigation  alone,  the 
general  sanitary  investigation,  covered  twenty  industries  and  1,836 
factories,  in  which  63,374  men,  women  and  children  were  em- 
ployed. The  bakery  investigation  covered  500  bakeries,  and  in- 
eluded  a  careful  physical  examination  of  800  bakers  therein  em- 
ployed. The  industrial  survey  in  New  York  City  covered  323  es- 
tablishments, in  which  10,698  men,  women  and  children  were  em- 
ployed. 

LAWS  ENACTED  AS  A  RESULT  OF  THE  COMMISSION'S  FIRST  YEAR'S 

WORK. 

The  following  bills  recommended  by  the  Commission  in  its  pre- 
liminary reports  were  passed  by  the  Legislature  during  the  session 
of  1912,  and  became  laws: 

1 .  Registration  of  factories. 

2.  .Physical  examination  of  children  before  emplovment  certifi- 
cate is  issued. 


4  REPORT    OF    COMMISSION. 

3.  Fire  drills. 

4.  Automatic  sprinklers. 

5.  Fire  prevention;  removal  of  rubbish;  fire-proof  receptacles 
for  waste  material;  protection  of  gas  jets;  prohibition  of  smoking 
in  factories. 

6.  Prohibition  of  the  eating  of  lunch  in  rooms  where  poisonous 
substances  are  prepared  or  generated  in  the  process  of  manufac- 
ture; adequate  hot  and  cold  washing  facilities  for  such  establish- 
ments. 

7.  Employment  prohibited  of  women  within  four  weeks  after 
child-birth. 

8.  Summary  power  of  Commissioner  of  Labor  over  unclean  and 
unsanitary  factories. 

CONTINUANCE  OF  THE  COMMISSION  IN  1912. 

0^  March  6,  1912,  chapter  21  of  the  Laws  of  1912  was  enacted, 
continuing  the  time  within  which  the  Commission  might  complete 
its  investigations  to  the  15th  day  of  January.  1913.  The  act  ex- 
tended the  jurisdiction  of  the  Commission  to  cities  throughout  the 
State,  and  also  authorized  the  Commission  to  investigate  general 
conditions  in  mercantile  establishments.  The  Commission  there- 
upon continued  its  investigations  with  the  organization  previously 
referred  to,  except  that  James  P.  Whiskeman,  C.  E.,  was  retained 
as  advisory  expert  on  the  fire  problem. 

Numerous  civic  organizations,  which  for  many  years  had  urged 
the  appointment  of  a  special  commission  to  investigate  the  impor- 
tant subject  of  manufacturing  in  tenements,  requested  this  Com- 
mission to  investigate  that  problem,  along  with  the  other  work  that 
it  had  undertaken. 

INVESTIGATIONS  IN  1912. 

In  1912  and  1913  the  Commission  conducted  the  following  in- 
vestigations : 

1.  General  sanitary  investigation  continued  throughout  the 
State. 


REPORT    OF    COMMISSION.  5 

2.  Fire  hazard  investigation  continued. 

3.  Manufacturing  in  tenements. 

4.  Conditions  in  the  canneries. 

5.  Night  work  of  women  in  factories. 

6.  The  tobacco  industry. 

7.  The  printing  industry. 

8.  Investigation  of  conditions  in  mercantile  establishments. 

9.  Investigation  of  dangerous  trades,  covering  the  following: 

a  The  chemical  industry  generally. 

b  Wood  alcohol. 

c  Commercial  acids. 

d  Lead  poisoning  and  arsenical  poisoning. 

e  Six  miscellaneous  investigations  on  occupational  dis- 
eases and  accidents  in  the  dangerous  trades. 

Detailed  reports  of  all  of  these  investigations  are  fully  set  forth 
in  the  second  report  of  the  Commission,  contained  in  four  printed 
volumes,  which  was  submitted  to  the  Legislature  in  February, 
1913. 

The  enormous  amount  of  work  involved  in  these  comprehensive 
investigations  will  be  apparent  upon  an  examination  of  the  second 
report  just  mentioned.  That  report  also  sets  forth  the  large  num- 
ber <>f  inspectors  and  trained  investigators  that  had  to  be  retained 
to  aid  in  the  work  of  these  investigations. 

SUMMARY  OF  COMMISSION'S  WORK  IN  1912. 

In  1912  and  1013  the  Commission  held  37  public  hearings  in 
different  cities  of  the  State,  over  250  witnesses  were  examined,  and 
•' >,.">,")  7  pages  of  testimony  taken.  In  addition,  numerous  executive 
sessions  were  held,  at  which  employees  of  different  industries  at- 
tended and  testified. 

The  general  sanitary  investigation  of  1912  included  45 
cities  of  the  State,  and  covered  1,338  industrial  establish- 
ments, in  which  125,901  wage-earners  were  employed.  All 
told,  the  investigations  conducted  by  the  Commission  during  this 


6  REPORT    OF    COMMISSION. 

period  covered  several  hundred  thousand  men,  women  and  children 
working  in  the  different  industries  of  the  State.  Many  canneries 
in  the  State  were  inspected  by  the  Commission  itself  or  its  agents. 
Many  factories  were  personally  investigated  by  the  Commission, 
and  hearings  held  and  testimony  taken  right  in  the  factory. 

ISSUANCE  OF  TENTATIVE  BILLS. 

.  The  Commission?  early  in  the  fall  of  1912,  issued,  in  the  form 
of  proposed  bills,  the  most  important  recommendations  it  had  re- 
ceived for  remedial  legislation.  These  bills  were  sent  broadcast 
throughout  the  State  to  all  of  the  different  interests  involved,  and 
as  a  result  suggestions  and  criticisms  were  received  which  were  of 
considerable  help  in  drafting  the  final  recommendations  of  the 
Commission.  In  addition,  numerous  public  hearings  were  held  in 
different  cities  of  the  State  on  the  tentative  bills  issued,  so  that 
everyone  interested  was  given  an  opportunity  to  appear  before  the 
Commission  and  present  his  views  and  suggestions  concerning 
any  of  the  matters  under  consideration. 

With  its  second  report  the  Commission  submitted  a  compre- 
hensive series  of  bills  for  the  improvement  of  working  conditions 
and  for  the  complete  reorganization  of  the  Department  of  Labor, 
which  practically  amounted  to  a  new  Labor  Code  for  the  State  of 
New  York.  The  following  bills  recommended  by  the  Commission 
in  its  second  report  were  enacted  into  law  by  the  Legislature  dur- 
ing the  session  of  1913 : 

1.  Reorganization  of  Labor  Department;   Industrial  Board. 

2.  Penalties  for  violation  of  Labor  Law  and  Industrial  Code. 

3.  Fire-proof  receptacles;  gas  jets;  smoking. 

4.  Fire  alarm  signal  systems  and  fire  drills. 

5.  Fire  escapes  and  exits;  limitation  of  number  of  occupants; 
construction  of  future  factory  buildings. 

6.  Amendment  to  Greater  New  York  Charter  (Fire  Prevention 
Law). 

7.  Prohibition  of  employment  of  children   under  fourteen,   in 
cannery  sheds  or  tenement  houses ;  definition  of  factory  building ; 
definition  of  tenement  house, 


KEPORT    OF    COMMISSION.  7 

8.  Manufacturing  in  tenements. 

9.  Hours  of  labor  of  women  in  canneries. 

10.  Housing  conditions  in  labor  camps  maintained  in  connection 
with  a  factory. 

11.  Physical  examination  of  children  employed  in  factories. 

12.  Amendments  to  child  labor  law;  physical  examination  be- 
fore issuance  of  employment  certificate ;  school  record ;  supervision 
over  issuance  of  employment  certificates. 

13.  Amendment  to  compulsory  education  law;  school  record. 

14.  Night  work  of  women  in  factories. 

15.  Scats  for  women  in  factories. 

16.  Bakeries. 

17.  Cleanliness  of  workrooms. 

18.  Cleanliness  of  factory  buildings. 

19.  Ventilation;  general;  special. 

20.  Washing  facilities;  dressing  rooms;  water  closets. 

21.  Accident  prevention;  lighting  of  factories  and  workrooms. 

22.  Elevators. 

23.  Dangerous  trades. 

24.  Foundries. 

25.  Employment  of  children  in  dangerous  occupations ;  employ- 
ment of  women  in  core-rooms. 

SUMMARY  OF  LEGISLATION  PASSED  IN  1913. 

Reorganization  of  tlie  Labor  Department. 

The  number  of  inspectors  subject  to  civil  service  'appointment 
was  increased.  A  division  of  industrial  hygiene  was  created,  to  be 
composed  of  experts  to  have  charge  of  ventilation,  occupational  dis- 
eases and  accident  prevention.  A  section  of  Medical  Inspection 
was  provided  for,  to  have  charge  of  the  health  inspection  of  fac- 
tories and  the  physical  examination  of  minors.  The  functions  of 
the  -Bureau  of  Statistics  of  the  Department  were  enlarged.  An  In- 
dustrial Board  was  created,  on  which  employers  and  employees 


8  REPOIIT    OF    COMMISSION. 

were  to  be  represented,  and  which  was  to  make  detailed  rules  and 
regulations  for  safety  and  sanitation  in  factories  to  meet  the  vary- 
ing conditions  in  different  industries  and  in  different  parts  of  the 
State. 

Protection  in  Case  of  Fire. 

A  series  of  laws  was  passed  providing  for  fire  drills  and  for 
alarm  signal  systems.  Smoking  in  factories  was  prohibited.  Gas 
jets  were  required  to  be  covered.  Waste  material,  cuttings  and 
rubbish  were  to  be  removed  from  floors  and  stored  in  fire-proof  re^ 
ceptacles.  Detailed  requirements  were  made  for  adequate  stair- 
ways and  fire  escapes  in  existing  buildings.  A  code  for  the  future . 
construction  of  factory  buildings  was  enacted.  The  number  of  per- 
sons permitted  to  work  in  a  factory  was  limited  in  accordance  with 
exit  facilities  provided. 

Child  Labor. 

The  employment  of  children  under  fourteen  in  tenement  house 
manufacture  and  in  cannery  sheds  was  prohibited.  Requirements 
were  made  for  the  physical  examination  of  children  before  employ- 
ment certificate  is  issued  and  while  they  are  at  work  in  factories. 
Employment  of  children  in  dangerous  trades  and  in  connection 
with  dangerous  machinery  was  prohibited.  The  educational  re- 
quirement for  the  issuance  of  a  working  certificate  was  raised  so 
that  iio  child  will  be  permitted  to  work  until  it  has  completed  the 
first  six  years'  work  of  the  public  school,  or  school  equivalent 
thereto. 

Women's  Work. 

JSright  work  of  women  in  factories  was  prohibited.  Hours  of 
labor  of  women  in  canneries  were  limited  to  60  hours  a  week,  with 
power  to  the  Industrial  Board,  if  the  health  of  the  women  will  per- 
mit, to  allrw  them  to  work  00  hours  a  week  during  a  certain  limit- 
ed rush  period.  Employment  of  women  within  four  weeks  after 
child-birth  was  prohibited.  Provision  was  made  for  furnishing 
seats  to  women  workers  in  factories  and  mercantile  establishments, 
with  backs  where  practicable,  and  permitting  the  use  thereof  by  the 
employees.  The  employment  of  women  in  core-rooms  in  foundries 
was  rigidly  restricted.  Such  employment  was  prohibited  where 
the  oven  is  located  in  same  room  in  which  women  work. 


REPOKT    OF    COM, MISS  TON.  9 

Manufacturing  in  Tenements. 

The  manufacturing  or  preparation  of  food  products,  dolls  or 
dolls'  clothing  and  infants'  and  children's  wearing  apparel  in  any 
living  room  in  a  tenement  house  was  prohibited.  ~No  other  manu- 
facturing is  to  be  permitted  unless  a  license  is  obtained  therefor, 
which  license  is  to  be  granted  only  if  proper  sanitary  conditions 
are  maintained.  No  child  under  fourteen  is  permitted  to  work 
at  manufacturing  in  a  tenement  house.  Provision  was  made  for 
the  publication  of  names  and  addresses  of  firms  who  send  goods 
to  the  tenement  houses  to  be  manufactured  or  prepared,  so  that, 
the  public  may  be  fully  aware  of  the  conditions  under  which  the 
articles  they  use  or  consume  are  prepared. 

Sanitation  and  Accident  Prevention  in  Factories. 

Laws  were  passed  for  the  prevention  of  accidents;  for  the  pre- 
vention and  control  of  lead  poisoning  and  other  industrial  poison- 
ings ;  for  cleanliness  of  factory  buildings ,  and  work-rooms ;  for 
proper  ventilation  and  lighting;  for  adequate  dressing  rooms  for 
female  employees,  and  for  proper  and  sufficient  water  closets  and 
washing  facilities.  A  special  law  was  enacted  to  secure  more 
sanitary  conditions  in  bakeries  throughout  the  State,  and  more 
frequent  and  rigid  inspection  thereof.  Future  cellar  bakeries 
were  prohibited.  Employment  of  diseased  bakers  was  prohibited. 
Duplication  of  inspection  of  bakeries  was  done  away  with.  In- 
New  York  City  bakeries  were  placed  within  the  jurisdiction  of 
the  Board  of  Health  exclusively,  and  in  the  rest  of  the  State 
within  the  jurisdiction  of  the  Department  of  Labor.  Provision 
was  made  for  a  sanitary  code  for  bakeries. 

Foundry  Bill. 

The  foundry  bill,  which  provides  for  safe  and  healthful  working 
conditions  in  the  foundries  of  the  State,  was  passed  as  a  result  of 
this  Commission's  recommendations. 

Administration  of  the  Labor  Law. 

Provision  was  made  for  the  registration  of  all  factories  with  the 
Department  of  Labor.  Summary  powers  were  conferred  upon  the 


10  SEPORT    OF    COMMISSION. 

Commissioner  of  Labor  to  close  up  unclean  workrooms  in  any  fac- 
tory. 

The  enactment  of  these  laws  marked  a  new  era  in  labor  legisla- 
tion in  the  State  of  2^ew  York.  It  placed  the  State  of  New  York 
in  the  lead  in  legislation  for  the  protection  of  wage  earners. 

HEARING  ON  COMMISSION'S  BILLS  BEFORE  LEGISLATIVE  COM- 
MITTEES. 

A  hearing  on  the  bills  recommended  by  the  Commission  was  held 
before  the  Joint  Committees  of  Labor  and  Industry  of  the  Senate 
and  Assembly,  in  the  Assembly  Chamber,  on  February  19,  1913. 
At  this  hearing  several  hundred  representatives  of  employers, 
employees,  labor  unions  and  social  and  civic  organizations  ap- 
peared. The  bills  recommended  by  the  Commission  were  commend- 
ed and  approved  by  practically  everyone  present  for  their  fairness 
and  effectiveness.  The  minutes  of  that  hearing  are  referred  to  and 
made  part  of  this  report,* 

At  this  hearing  also  many  representatives  of  .social  and  civic  or- 
ganizations called  attention  to  the  necessity  for  a  comprehensive 
and  complete  investigation  of  wages  paid  in  the  different  industries 
of  the  State,  particularly  those  in  which  large  numbers  of  women 
and  children  were  employed.  They  urged  that  instead  of  the  crea- 
tion of  a  new  Commission  for  that  purpose,  the  present  Commis- 
sion be  continued  and  empowered  to  conduct  this  investigation.  In 
response  to  that  demand  chapter  137  of  the  Laws  of  1913  was  en- 
acted. 

CONTINUANCE  OF  COMMISSION  IN  1913. 

This  act  continued  the  Commission  in  office  until  the  15th  day 
of  February,  1914,  and  authorized  it  to  inquire  into  the  rates  of 
wages  paid  in  the  different  industries  of  the  State,  and  to  report  on 
the  advisability  of  establishing  minimum  rates  of  wages.  The 
Commission  was  also  required  to  continue  the  investigation  into 
conditions  in  mercantile  establishments  and,  if  advisable,  to  pre- 
pare and  present  to  the  Legislature  a  recodification  of  the  Labor 
Law. 

*  See  Volume  IV  of  the  Commission's  Second  Report,  page  2225. 


OF    (  V> M M rssioisr.  11 

WORK  OF  TIIF.  COMMISSION  IN  1913. 
Jn  1013  the  following  matters  were  taken  up  by  the  Commission  : 

1. — Wage  Investigation. 

This  was  conducted  under  the  direction  of  Howard  B.  Woolston, 
Ph.  D.,  with  A.  H.  N".  Baron  as  Assistant  Director,  and  a  force 
of  investigators  and  inspectors. 

Up  to  the  present  time  this  investigation  has  covered  the  follow- 
ing industries  in  Greater  New  York. 

1.  Confectionery  manufacturing. 

2.  Paper  box  manufacturing. 

3.  Department  stores  and  other  mercantile  establishments. 

4.  The  manufacture  of  men's  shirts. 

5.  Millinery. 
0.  Silk  mills. 

7.  Jute  mills. 

8.  Sugar  refineries. 

1).  Umbrella  factories. 

10.  Scrub  women  and  window  cleaners  in  office  buildings. 

11.  Hair  and  paper  <li<>ps  on  the  lower  East  Side. 
1 L2.   Longshoremen. 

!  -'I.    1  )ress  patterns. 
14.  Buttons. 

The  first  four  industries  alone  included  381  establishments,  in 
which  about  88,000  men,  women  and  children  wage  earners  were 
employed.  Detailed  wage  data  was  secured  for  each  one  of  these 
workers.  The  other  industries  mentioned  include  about  90,000 
workers. 

The  details  of  this  investigation  are  fully  set  forth  later.  The 
pn-liininary  reports  of  the  Director  of  Investigation  on  wages  in 
the  confectionery  and  paper-box  industries  in  Greater  New  York 
are  set  forth  in  Appendices  I  and  II  to  the  report. 


12  REPORT    OF    COMMISSION. 

2. — Investigation  of  Wages  in  Artificial  Flowers  and  Millinery 

Industry. 

This  was  conducted  under  the  supervision  of  the  Commission's 
Director  of  Investigation  by  Miss  Mary  Van  Kleeck,  of  the  Com- 
mittee on  Women's  Work  of  the  Russell  Sage  Foundation.  Over 
two  thousand  annual  wage  cards  of  workers  have  thus  far  been 
obtained.  The  investigation  has  not  yet  been  completed. 

3. — Report  on  Wage  Legislation. 

A  detailed  analysis  of  all  the  laws  regulating  wages  in  this  and 
foreign  countries,  arid  describing  the  operation  and  method  of  pro- 
cedure under  those  laws,  was  prepared  for  the  Commission  by 
Irene  Osgood  Andrews,  Assistant  Secretary  of  the  American  Asso- 
ciation for  Labor  Legislation.  This  report  is  set  forth  in  Appen- 
dix III. 

4. — Minimum  Wage  Bibliography. 

Dr.  C.  C.  Williamson,  Chief  of  the  Division  of  Economics  and 
Sociology,  of  the  New  York  Public  Library,  prepared  for  the  Com- 
mission a  comprehensive  bibliography  on  the  subject  of  the  mini- 
mum wage.  A  copy  of  this  bibliography  is  annexed  hereto,  marked 
Appendix  IV. 

5. — Hecodification  of  the  Labor  Law. 

The  Commission  has  prepared,  and  submits  herewith,  in  Appen- 
dix V  to  the  report,  a  thorough  and  comprehensive  rectification 
of  the  Labor  Law.  This  was  done  with  the  active  assistance  and 
co-operation  of  the  Legislative  Bill-Drafting  Bureau  of  .Columbia 
LTniversity,  of  which  Thomas  I.  Parkinson,  Esq.,  of  the  New  York 
bar,  is  the  head.  The  Commission  takes  this  opportunity  of  ex- 
pressing its  deep  appreciation  for  the  valuable  assistance  rendered 
by  the  bureau. 

6. — Fire  Hazo,rd  in  Mercantile  Establishments. 

This  investigation,  which  covered  department  stores  and  other 
mercantile  establishments  in  cities  of  the  first  and  second  class  in 
the  State,  was  conducted  by  the  Commission  with  the  help  of  Fran- 


REPORT    OF    COMMISSION.  13 

ces  Perkins,  Executive  Secretary  of  the  New  York  Committee  on 
Safety,  and  a  trained  force  of  inspectors.  A  special  report  of  this 
work  is  set  forth  in  Appendix  VI,  annexed  hereto. 

7. — M  iscc-llan co  us  Matters. 

The  Commission  has  commenced  an  investigation  of  prison-made 
shirts  under  contract  in  the  neighboring  States. 

Through  the  State  Department  of  Insurance  an  investigation  of 
employees'  mutual  benefit  societies  in  the  large  department  stores  is 
also  being  conducted. 

The  Commission  also  made  an  investigation  and  report  of  the 
B  high  am  ton  fire,  which  is  set  forth  in  Appendix  VII  to  this  report. 

APPRECIATION  OF  ASSISTANCE  TO  THE  COMMISSION. 

The  Commission  desires  to  express  its  appreciation  of  the  valu- 
able service  rendered  to  it,  without  compensation,  by  the  Com- 
mittee on  Women's  Work  of  the  Russell  Sage  Foundation,  of  which 
Miss  Mary  Van  Kleeck  is  director,  in  the  artificial  flower  and 
millinery  investigation;  by  Mrs.  Andrews,  of  the  American  As- 
sociation for  Labor  Legislation,  in  the  preparation  of  the  report 
on  wage  legislation;  by  Dr.  C.  C.  Williamson,  Chief  of  the  Divi- 
sion of  Economics  and  Sociology  of  the  New  York  Public  Library, 
in  the  preparation  of  the  bibliography  on  the  minimum  wage, 
and  by  Frances  Perkins,  Secretary  of  the  Committee  on  Safety, 
in  the  conduct  of  the  investigation  of  the  fire  hazard  in  mercan- 
tile establishments. 

We  also  desire  to  express  our  appreciation  of  the  assistance  and 
co-operation  that  the  Commission  received  from  the  Hon.  James  M. 
Lynch,  Commissioner  of  Labor,  and  his  courtesy  in  assigning 
agents  of  the  Department  of  Labor  to  assist  in  the  Commission's 
work.  Our  thanks  are  also  due  to  other  officials  of  the  Department 
of  Labor  and  to  many  volunteer  students  of  Columbia  University 
and  the  College  of  the  City  of  New  York  for  the  help  they  rendered 
t<i  tin  roimuNsioi;  in  its  work,  and  to  numerous  social  and  civic  or- 
ganizations who  assisted  in  gathering  information  relative  to  the 
subjects  under  investigation. 


14  REPORT    OF    COMMISSION. 

The  Commission  is  also  grateful  to  the  Hon.  William  Sohmer, 
Comptroller  of  the  State  of  New  York,  for  his  courtesy  in  assign- 
ing an  accountant  from  his  office  to  assist  in  some  special  work  that 
the  Commission  undertook  in  connection  with  the  wage  investi- 
gation. 

WAGE  INVESTIGATION. 

As  >a  result  of  the  Commission's  recommendations  laws  have 
heretofore  been  enacted  for  the  improvement  of  the  physical  condi- 
tions under  which  men,  women  and  children  are  employed  and 
for  the  elimination  of  the  evils  of  child  labor,  and  of  excessive 
hours  of  toil  by  women  and  minors. 

As  a  fitting  climax  to  its  program  of  social  and  industrial  better- 
ment, the  Commission  was  authorized  to  take  up  the  wage  problem 
in  its  various  phases,  and  to  consider  the  question  of  the  enactment 
of  legislation  whereby  the  State  would  secure  to  its  workers  a  living 
wage — that  is,  a  wage  that  will  secure  physical,  mental  and  moral 
health  for  the  individual  worker.  Merely  to  state  the  problem 
that  the  Commission  was  asked  to  attempt  to  solve  is  sufficient  to 
call  attention  to  the  many  different  elements  entering  into  it. 

The  wage  problem  has  been  with  us  from  early  times.  It  has 
been  the  subject  of  endless,  and  for  the  most  part  contradictory, 
discussion  by  economists,  publicists,  theologians  and  representa- 
tives of  every  side  of  the  question. 

The  demand  for  a  living  wage  for  workers  is  by  no  means  of 
recent  origin.  Regulation  of  wages  by  the  State  is  nothing  new 
to  many  foreign  countries. 

In  the  United  States,  to  be  sure,  the  mere  suggestion  of  any  in- 
terference by  the  State  with  wages,  if  made  only  a  few  years  ago, 
would  have  been  regarded  as  a  startling  proposition,  and  a  dan- 
gerous and  unwarranted  form  of  paternalism. 

But  in  this  country  also  the  past  decade  has  witnessed  a  marked 
change  in  the  public  attitude  toward  matters  of  social  and  indus- 
trial reform.  Our  strong  individualistic  tendencies  have  been 
modified,  and  have  given  way  to  a  recognition  of  the  interest  and 
of  the  duty  that  the  State  has  in  preserving  the  physical,  mental 
and  moral  well-being  of  its  citizens,  particularly  those  employed  in 
industry,  in  consequence,  in  nine  of  the  States  during  the  last 


REPORT   OF    COMMISSION.  15 

two  or  three  years  wage  legislation  in  some  form  or  other  has  been 
enacted,  having  as  its  aim  to  secure  to  women  workers,  for  the  most 
part,  a  wage  that  would  enable  them  to  be  self-sustaining,  and  to 
maintain  themselves  in  health  and  in  "reasonable  comfort." 

DEMAND  FOR  INVESTIGATION. 

This  present  investigation  comes  -at  a  most  opportune  time  in 
this  State.  For  several  years  attention  has  been  called  in  the  press, 
in  public  utterances  and  in  reports  by  various  private  agencies,  to 
the  very  low  wages  paid  women  workers  in  some  of  our  industries. 
These  reports  and  statements,  it  was  claimed,  were  exaggerated  and 
biased,  were  based  on  narrow  and  incomplete  investigations,  and 
reflected  only  one  side  of  the  case. 

This  Commission  was  directed,  therefore,  to  conduct  a  compre- 
hensive and  scientific  investigation  of  the  entire  subject,  an  investi- 
gation that  would  be  fair  to  all  concerned,  and  which  would  obtain 
the  real  facts,  and  facts  proven  by  undisputed  testimony.  Its  func- 
tion was  to  ascertain: 

First — What  wages  are  paid  in  the  different  industries  of  the 
State. 

Second — To  suggest  a  practical  remedy  for  any  evils  that  might 
be  found  to  exist. 

DIRECTION  OF  INVESTIGATION. 

As  director  of  its  investigation,  the  Commission  was  fortunate  to 
secure  the  services  of  Howard  B.  Woolston,  Ph.  D.,  Assistant 
Professor  of  Political  Science  of  the  College  of  the  City 
of  New  York,  a  trained  statistician  and  who  for  many  years  has 
been  a  student  of  social1  and  economic  problems  of  the  day.  As  as- 
sistant director  of  investigation,  there  was  appointed  Albert  H.  N. 
Baron,  M.  A.,  a  graduate  of  the  University  of  Colorado  and  of 
Clark  University,  and  post-graduate  student  of  the  Universities  of 
Chicago  and  Vienna.  Mr.  Baron  had  also  been  an  investigator 
for  the  United  States  Department  of  Labor.  The  director  of  in- 
vestigation selected  to  assist  him,  a  force  of  twelve  investigators 
and  four  clerical  assistants.  Four  agents  were  subsequently  as- 


16  REPORT    OF    COMMISSION. 

signed  from  the  State  Department  of  Labor,  through  the  courtesy 
of  Commissioner  Lynch,  and  several  students  and  voluntary  work- 
ers have  helped  without  compensation,  so  far  as  their  time  would 
permit.  A  number  of  Avelfare  and  trade  societies  have  materially 
assisted  in  gathering  information. 

It  was  recognized  at  the  very  outset  that  in  order  that  its  work 
might  be  of  value  the  Commission  would  have  to  secure  the  co- 
operation and  assistance  of  the  business  interests  involved,  and  nu- 
merous meetings  we-re  held  with  committees  of  employers  in  those 
industries  that  were  studied. 

It  is  but  fair  to  say  that  for  the  most  part  the  information 
sought  was  freely  given,  and  the  Commission,  up  to  the  present 
time,  has  had  no  occasion  to  invoke  the  power  of  subpoena  con- 
ferred upon  it  by  law. 

The  scope  of  the  investigation  was  carefully  considered.  The 
subject  had  so  many  ramifications  that  it  was  deemed  advisable  to 
call  in  the  services  of  experts  to  assist  the  Commission  in  planning 
the  scope  of  its  work  and  the  information  desired. 

APPOINTMENT  OF  ADVISORY  COMMITTEE. 

With  this  in  view  the  following  advisory  committee  was  ap- 
pointed : 

John  B.  Andrews,  Secretary,  American  Association  for  Labor 

Legislation. 

Gertrude  M.  Beeks,  National  Civic  Federation. 
E.  W.  Bloomingdale,  Counsel,  New  York  Retail  Dry  Goods 

Association. 

Peter  J.  Brady,  Allied  Printing  Trades  Council. 
Robert  E.  Chaddock,  Columbia  University. 
Xatherine  B.  Davis,  Commissioner  of  Corrections,  'New  York 

City. 
Edward  T.  Devine,  Director,  School    of    Philanthropy,    New 

York  City. 

Henry  W.  Farnman,  Princeton  University. 
Irving  Fisher,  Yale  University. 
John  A.  Fitch,  The  "  Survey." 


REPOKT    OF    COMMISSION.  1Y 

Lee  K.  Frankel,  Vice-President,  Metropolitan  Life  Insurance 
Co. 

I'' rank] in  11.  Giddings,  Professor  of  Sociology,  Columbia  Uni- 
versity. 

I'jiuline  Goldmark,  Member  Industrial  Board,  Department  of 
Labor. 

Airs.  J.  Borden  Harriman,  Member  Federal  Industrial  Rela- 
tions Commission. 

Daniel  Harris,  President,  N.  Y.  State  Federation  of  Labor. 

Leonard  W.  Hatch,  Chief  Statistician,  Department  of  Labor. 

Sara  Straus  Hess,  New  York  City. 

Frederick  W.  Hoffman,  Chief  Statistician,  Prudential  Life  In- 
surance Co. 

Jeremiah  W.  Jenks,  New  York  University. 

Paul  U.  Kellogg,  Editor  "  The  Survey." 

John  Kingsbury,  Director,  N.  Y.  Assn.  for  Improving  Condi- 
tion of  the  Poor. 

Samuel  McCune  Lindsay,  Columbia  University. 

George  W.  Loft,  Candy  Manufacturer,  New  York  City. 

Royal  Meeker,  Commissioner  of  Labor  Statistics,  Washington, 
D.  C. 

(  harles  P.  Neill,  Former  United  States  Commissioner  of  Labor. 

Edward  D.  Page,  New  York  City. 

Frances  Perkins,  Committee  on  Safety. 

William  C.  Rogers,  2nd  Deputy  Commissioner,  Department  of 
Labor. 

Henry  R.  Seager,  Columbia  University. 

Louis  Stewart,  President,  Retail  Dry  Goods  Association. 

Frank  Tucker,  Charities  Organization  Society. 

Lillian  D.  Wald,  Nurses'  Settlement. 

William  R.  Willcox,  National  Civic  Federation. 

William  R.  Willcox,  President,  National  Civic  Federation. 

John  Williams,  Industrial  Board,  Department  of  Labor. 

TENTATIVE  PROGRAMME  AND  SCHEDULES. 

The  following  tentative  programme  and  schedules  were  p 
and  sent  to  the  members  of  this  Committee: 


18  REPORT    OF    COMMISSION. 

Outline  of  a  Proposed  Plan  for  a  Wage  Investigation. 
Purpose. 

The  New  York  State  Factory  Investigating  Commission,  cre- 
ated in  1911  and  continued  in  1912,  received  an  extension  of  pow- 
ers in  March  of  the  present  year  "to  inquire  into  the  wages  of  labor 
in  all  industries  and  employments  and  the  conditions  under  which 
labor  is  carried  on  throughout  the  State,  and  into  the  advisability 
of  fixing  manimum  rates  of  wages  or  of  other  legislation  relating 
to  the  wages  or  conditions  of  labor  in  general  or  in  'any  industry." 
In  order  to  carry  out  this  extended  function,  the  Commission  re- 
ceived power  to  subpoena  witnesses  and  to  require  the  production 
of  books  and  papers  pertaining  to  the  investigation. 

The  work  of  the  Commission  hitherto  has  been  mainly  concerned 
with  the  safety  and  health  of  factory  workers.  It  now  turns  to  the 
question  of  compensation  and  to  the  advisability  of  establishing 
laws  regulating  the  same.  The  title  "Minimum  Wage  Investiga- 
tion" is  perhaps  unfortunate,  as  it  seems  to  indicate  the  purpose  of 
the  Commission  to  establish  such  legislation.  Such,  however,  we 
take  it,  is  not  necessarily  the  case ;  but  the  purpose  is  rather  to  con- 
sider the  advisability  of  any  such  regulation. 

Scope. 

The  scope  of  the  Commission's  work  falls  into  four  main  di- 
visions : 

First — A  brief  summary  of  recent  investigations  and  findings 
along  similar  lines. 

Second — What  wages  are  actually  paid  in  certain  industries  of 
the  State? 

Third — Are  these  wages  adequate  to  maintain  the  employee  ef- 
fectively according  to  an  appropriate  standard  of  living? 

Fourth — Are  the  industries  able  to  add  to  the  wage  payment  of 
their  employees  on  the  basis  of  the  earnings  from  their  labor  ? 

This  last  point  cannot  be  adequately  determined  with  the  means 
now  at  the  disposal  of  the  Commission, 

The  investigation  thus  falls  into  a  discussion  of  the  distribution 
of  money  wages  and  their  adequacy. 


KEPORT    OF    COMMISSION.  19 

Industries  Selected. 

In  order  to  investigate  the  problem  within  the  limited  time  and 
resources  at  the  command  of  the  Commission,  certain  industries 
have  been  selected  in  which  the  rate  of  pay  is  notoriously  low. 
The  following  excerpt  from  Census  Bulletin  No.  93  shows  the 
relative  status  of  certain  industrial  occupations  in  this  State. 
(See  Table  A,  page  22.) 

The  last  Federal  Census  also  shows  that  these  industries  are 
much  beluw  the  general  level,  as  shown  by  the  average  annual 
wage.  (See  Table  B.) 

it  will  be  noted  that  the  confectionery  trade,  paper  box  industry, 
silk  and  men's  linen  are  among  the  lowest  paid  lines  in  the  State. 
However,  these  industries  suggested  are  representative,  in  that  they 
employ  a  large  number  of  hands  and  contribute  a  large  proportion 
of  the  annual  value  of  products,  as  shown  by  Table  C. 

It  is  true  that  they  are  not  so  important  as  the  clothing,  printing, 
foundry,  tobacco  and  shoe  industries,  but  in  the  latter  cases  the 
trades  are  fairly  well  organized  and  reasonably  well  paid.  In  the 
case  of  clothing,  the  trades  are  too  extensive  and  too  widely  scat- 
tered to  be  investigated  in  so  short  a  time.  Moreover,  in  the  case  of 
this  last  group  of  industries,  the  employers  and  employees  them- 
selves are  at  present  conducting  investigations,  and  it  would, 
therefore,  be  difficult  for  another  to  progress  at  the  same  time.  Re- 
garding the  knit  goods  industry,  it  may  be  said  that  the  State  De- 
partment of  Labor  contemplates  the  possibility  of  investigating 
this  for  the  Commission. 

Not  only  are  the  industries  mentioned  important,  but  their  dis- 
tribution throughout  the  State  is  rather  widespread,  as  shown  by 
Table  D.  At  the  same  time,  their  concentration  within  a  reason- 
ably small  number  of  large  plants  is  shown  in  Table  E. 

Finally,  in  selecting  these  industries,  the  proportion  of  women 
employed  has  been  considered,  inasmuch  as  the  minimum  wage  in- 
vestigations in  other  States  have  regarded  this  matter  as  of  great- 
est importance,  and  because  trades  in  which  women  are  largely  oc- 
cupied are  usually  poorly  organized  and  often  underpaid.  (See 
Table  F.) 


20  REPORT    OF    COMMISSION. 

Field  of  Investigation. 

The  Commission  has  also  decided  that  it  would  be  well  to  investi- 
gate the  retail  dry  goods  and  department  stores,  because  of  the 
large  number  of  young  women  therein  employed.  It  has  been  sug- 
gested, however,  that  this  part  of  the  investigation,  because  of  its 
great  importance,  be  postponed  until  the  smaller  industries  have 
been  investigated,  the  force  of  inspectors  trained  and  the  schedules 
have  been  tried  out.  Otherwise,  the  first  task  of  the  Commission 
in  studying  the  department  stores  would  at  once  consume  the 
greater  part  of  its  time  and  resources,  and  yield  no  basis  for  com- 
parison. 

With  regard  to  the  order  of  the  investigation,  it  has  been  thought 
best  to  begin  with  an  examination  of  conditions  in  New  York  City> 
both  for  reasons  of  convenience  and  economy,  as  well  as  because  of 
the  fact  that  in  this  way  a  fairly  good  idea  of  the  conditions  of  the 
trade  or  industry  throughout  the  State  may  be  obtained.  After 
this  local  survey  in  several  lines  has  been  completed,  the  other 
important  centers  in  which  the  trades  are  represented  will  be 
visited. 

The  field  of  investigation  will  cover  three  sources  of  information  : 

First — The  statement  of  the  employer  or  of  his  responsible 
agent. 

Second — The  records  of  the  firm,  so  far  as  they  deal  with  -wages 
and  hours  of  labor. 

Third — The  statement  of  employees  obtained  in  order  to  check 
up  and  correct  the  other  two  sources. 

Method  of  Procedure. 

As  to  the  method  of  procedure,  it  is  proposed  to  begin  with  a 
preliminary  interview  on  the  general  facts  of  the  trade  or  industry, 
such  as  the  season,  hours  of  work  and  general  wage  classification, 
the  attitude  toward  employees,  welfare  work,  etc.  Then  the  in- 
vestigators will  proceed  to  use  their  tabular  blanks  to  find  from  the 
payrolls  and  other  records  the  individual  weekly  and  annual  earn- 
ings, following  them  through  the  entire  year,  if  possible,  or  ascer- 
tain them  for  typical  periods  where  this  is  not  possible. 


REPORT    OF    COMMISSION.  21 

While  this  material  is  being  taken  from  pay  rolls  it  is  proposed 
to  secure  from  a  large  number  of  employees  individual  cards  which 
will  identify  them,  and  to  follow  these  employees  by  personal  in- 
terview in  order  to  determine  their  trade  history  and  general  stand- 
ing in  the  occupation. 

While  it  would  be  desirable  to  investigate  the  intimate  personal 
history  and  standard  of  living  of  employees,  it  is  practically  impos- 
sible to  do  such  work  adequately  within  the  time  assigned,  unless , 
a  great  amount  of  efficient  co-operation  can  be  secured  from  local 
welfare  agencies,  trade  associations,  etc. 

Such  material  as  has  been  obtained  by  interview  and  transcrip- 
tion will  then  be  tabulated  and  analyzed,  and  this  systematic  pre- 
sentation will  be  supplemented  by  hearings,  at  which  explanation 
and  interpretation  of  the  data  will  be  brought  out. 

This  material,  it  is  hoped,  will  in  the  first  place  give  a  consider- 
able body  of  facts  upon  which  the  Commission  may  base  its  judg- 
ment as  to  the  wisdom  of  promoting  any  wage  legislation.  It  may 
also  indicate  directions  in  which  further  investigation  or  immedi- 
ate legislative  action  is  desirable. 

It  is  the  hope  of  the  Commission  that  this  rough  outline 
and  schedule  material  wTill  be  freely  criticized  by  persons  interested 
in  the  work.  We  particularly  desire  to  have  the  ground  ade- 
quately covered  so  far  as  the  time  will  permit, -and  at  the  same 
time  to  secure  such  simplification  as  will  make  possible  a  proper 

conclusion  for  the  task. 


22 


REPORT    OF    COMMISSION. 


TABLE  A  —  Low  WEEKLY  WAGE. 

Census  Bulletin  No.  93,  1905,  Low-Paid  Industries  of  New  York 

State. 


INDUSTRY. 

Canning    

*  Confectionery    .  . 

*{Shirts 

*Paper  Boxes   .  .  . 

*Silk    

Knit  Goods 

"Collars    

Millinery  and  lace 

Tobacco    

Bookbinding    .... 

Boots   

Lumber    

Men's  Clothes   .  .  . 
Women's  Clothes  . 


Establish- 
ments. 

257 
104 

83 
119 

43 

87 
7 

195 

1,709 

141 

71 
463 
657 
551 


No.  of 
returns. 

Average 
weekly 
wage. 

7,350 

$6.35 

3,877 

7.12 

3,938 

7.29 

5,264 

7.32 

4,884 

7.68 

11,129 

7.70 

6,498 

8.04 

6,166 

8.47 

18,369 

8.96 

4,245 

9.08 

7,064 

9.35 

4,836 

9.59 

16,162 

9.83 

21,555 

10.31 

All  Industries    19,030         430,475       $10.40 


TABLE  B  —  Low  ANNUAL  WAGE. 

Federal  Census  of  Manufactures,  1909,  of  New  York  State. 
Average  Annual  Wages. 

(Total  Annual  Wages  Divided  by  Annual  Average  of  Wage 

Earners.) 


Average 

wage 
INDUSTRY.  ( annual ) . 

All    Industries    $555 

*Paper  Boxes 413 

Canning 362 

Carpets    565 

Men's  Clothes 525 

Women's  Clothes  .  557 


Average 

wage 
INDUSTRY.  (amnual). 

^Confectionery $351 

Flowers  and  Feathers.  .  40-7 

'^Furnishings   428 

*Silk   416 

Tobacco  ,  458' 


REPORT    OF    COMMISSION. 


23 


TABLE  C  -  -  RELATIVE  IMPORTANCE. 

Federal  Census  of  Manufactures,  1909,  of  New  York 
44,935  Factories  Employing  1,300,981  Wage  Earn 

Per  cent,  of 
INDUSTRY.                                                   wage  earners.           c 

Men's  Clothes  9.8 

Stale. 
?rs. 

Per  cent,  of 
total  value 
>f  products. 

8.1 
7.9 

6.4 
4.6 
2. 
2.3 
1.4 
1.3 
.8 
.8 
.4 
.8 
.6 

Women's  Clothes   

9.1 

Printing   . 

6.3 

O 

Foundrv   ...                  ... 

6.4 

Knit  Goods   

3.6 

Tobacco   

3. 

Shoes   

2.2 

^'Furnishing  Goods  

1.8 

*Silk        ....              .      . 

1.3 

Carpets       

1.2 

*Paper  Boxes  

1.1 

"^Confectionery          .               .... 

.9 

Canning     

.7 

TABLE  D  —  DISTRIBUTION. 

Number  of  Employees  in  Factories. 

X.  Y.  Department  of  Labor,  Factory  Inspector's  Report,  1911. 


Confec- 
tionery. 


Paper 
boxes. 


PUACE. 

New  York 9,363  9,260    - 

Buffalo 722,,  2,442 

Rochester    ....         645  86^  ._t 

Troy £  309 

Syracuse    319  211 

Glens  Falls 

Albany .... 

Hornell .... 

Amsterdam  . 


Silk. 
5,181 
910, 


1,244 
733 


Men's 
linen. 


1,280 


Total. 


8,793  32,597 

312  4,386 

434  1,943 

14,609  14,918 

50  580 

1,799  1,799 


1,280 

1,244 

733 


24  REPORT    OF    COMMISSION. 

TABLE  D —  (Continued). 


PLACE. 
LTtica    

Confec- 
tionery. 

Paper- 
boxes. 

102(2) 

Yonkers    .... 

Sehenectady    . 



43(2) 

Men's 
Silk.  linen.        Total. 

102 

66(1)          ....  66 

43 


Total 11,049     13,231  8,134  27,277     59,691 


TABLE  E  —  CONCENTRATION  AND  NUMBER  OF  WOMEN. 
-Y.  Y.  Department  of  Labor,  Fa-ctory  Inspectors'  Report,  1911. 

No.  of 

No.  of  women 

GENERAL  INDUSTRY.              Special  branches.                       shops.  in  shops. 

Clothing Dressmaking  4,602  52,630 

Tailoring 5,265  25,004 

"Shirts  and  Collars....  356  25,004 

Laundries  2,652  10,734 

Textiles Hosiery  and  Knit  Goods  330  21,069 

-Silk  141  7,794 

Carpets  41  5,777 

Food Cigars  1,205  11,114 

Canning  199  5,329 

^Confectionery  783  5,172 

Paper "Boxes 366  8,585 

Printing  2,313  7,170 

Bookbinding  306  4,147 

Leather  and  Rubber .  .  Shoes  268  7,522 

Gloves  130  3,377 

Mattresses  and  Pillows.  298  2,090 


Total,  all  Industries 44,672         322,131 


REPORT    OF    COMMISSION.  25 

Federal  Census  of  Manufactures,  1909,  of  New  York  State. 

No.  of  No.  of  wage  Per  cent. 

INDUSTRY.                                           establishments.  earners,  of  women. 

*Paper  Boxes 315  11,538  62.9 

Canning   790  7,075  55.1 

Carpets 16  11,898  44.3 

Men's  Clothes    2,983  91,363  41.1 

Women's  Clothes 3,083  98,104  57.3 

•^Confectionery    249  8,570  58. 

*Men's  Furnishings 375  18,186  77.2 

Knit  Goods 360  35,950  63.6 

*Silk    170  12,903  62.4 

Tobacco   : 3,371  '30,019  50.6 


MEETING  WITH  ADVISORY  COMMITTEE. 

On  September  26,  1913,  the  Commission  met  with  the  members 
of  the  Advisory  Committee  to  consider  the  proposed  plan.  The 
following  questions  were  submitted  for  discussion  at  this  meeting : 

Questions  for  Discussion. 

1.  The  Investigation: 

a  What  industries  should  be  selected  ? 

b  What  percentage  of  workers  in  each  industry  should  be 
covered  ? 

c  Period  of  time  to  be  covered  for  each  wage-earner  ? 
d  When  should  the  department  store  investigation  be  com- 
menced ? 

e  To  what  extent  should   investigation  cover  budgets  of 
workers  and  standard  of  living? 

f  How  far  is  it  practicable  or  advisable  to  make  a  study  of 
wages  as  compared  with  the  efficiency  of  the  workers  ? 


26  REPORT    OF    COMMISSION. 

g  To  what  extent  is  it  practicable  or  advisable  to  make  a 
study  of  the  relationship  between  wages  and  profits  in 
a  given  industry  ? 

h  Kind  of  schedules  to  be  used ;  comments  on  proposed 
schedules  ? 

2.  Wages  and  Vice : 

To  what  extent  is  it  practicable  or  advisable  to  go  into  this 
subject? 

3.  Relationship  between  Wages  and  Industrial  Education: 

To  what  extent  should  the  Commission  "go  into  this  subject; 
in  what  way  should  it  be  approached  ? 

4.  Outside  Agencies : 

What  outside  agencies,  Federal  or  State,  and  what  civic  and 
social  organizations  have  been  engaged  in  work  along 
lines  similar  to  that  which  this  Commission  is  under- 
taking ? 

To  what  extent  can  their  past  investigations  be  utilized  by 
the  Commission  in  this  inquiry  ? 

Is  it  practicable  to  request  any  of  them  to  undertake  in- 
vestigations in  conjunction  with  the  Commission  or 
under  its  supervision? 

5.  Wage  Legislation : 

a  Arguments  in  favor  of  wage  legislation  ? 

b  Objections  to  wage  legislation  —  practical;  economic; 
legal.  How  may  these  objections  be  met? 

6.  Appointment  of  Sub-Committees : 

Advisability  of  dividing  Committee  into  sub-committees 
which  are  to  consider  different  phases  of  the  wage  prob- 
lem. 

If  so,  what  sub-committees  should  be  appointed  ? 

The  prevailing  view  was  that  the  wages  in  three  or  four  indus- 
tries, particularly  those  in  which  large  numbers  of  women  were 


REPORT    OF    COMMISSION.  27 

employed,  should  be  carefully  studied  throughout  the  State.  It 
was  also  recommended  that  in  these  industries  both  the  men  and 
women  workers  should  be  studied,  and  that  personal  histories  and 
living  conditions  of  a  certain  percentage  of  the  wage-earners  should 
be  obtained. 

SCOPE  OF  THE  INVESTIGATION. 

It  was  therefore  decided  that  the  following  principal  indus- 
tries should  be  investigated: 

Confectionery. 

Paper  Box. 

Department  stores  and  mercantile  establishments. 

Shirt  factories. 

In  addition  to  these  main  lines  of  inquiry,  the  following  indus- 
tries were  examined  into  to  a  limited  extent : 

Silk  Mills. 

Jute  Mills. 

Sugar  Refineries. 

Umbrella  Factories. 

Scrub  women  and  window  cleaners  in  office  buildings. 

Rag  and  paper  shops  on  the  lower  East  Side. 

Longshoremen. 

Dress  patterns. 

Button  Factories. 

EXTENT  OF  THE  INVESTIGATION. 

Owing  to  the  limitation  of  time  and  funds  at  the  Commission's 
disposal,  the  investigation  of  the  foregoing  industries  has,  up  to  the 
present  time,  been  confined  to  Greater  New  York. 

To  show  the  extent  of  the  inquiry,  we  submit  herewith  the  fol- 
lowing table,  setting  forth  the  number  of  establishments  visited, 
and  the  number  of  wage  workers  covered  in  the  principal  industries 
investigated  up  to  date : 


REPORT    OF    COMMISSION. 
PRINCIPAL  INDUSTRIES  COVERED. 


Confectionery  

No.  of 
firms. 

61 

No.  of 
workers. 

8  656 

Paper  Boxes  

191 

9  105 

Mercantile    establishments     (including  de- 
partment stores)    

57 

62  406 

Men's  Shirts    

72 

7  850 

381  87,917 


So  that,  in  all,  the  Commission  has  secured  detailed  wage  data 
for  about  88,000  individual  workers,  including  men,  women  and 
children. 

In  addition  to  this,  the  Commission  procured  information  with 
reference  to  wages,  in  the  following  industries:  Silk  mills,  jute 
mills,  sugar  refineries,  umbrella  factories,  scrub  women  and  win- 
dow cleaners  in  office  buildings,  rag  and  paper  shops  on  the  lower 
East  Side,  longshoremen,  dress  patterns  and  buttons,  representing 
upwards  of  90,000  wage-earners. 

In  the  four  principal  industries  covered,   2,960  annual  wage 

schedules  of  workers  were  secured,  and  more  than  one  thousand 
personal  histories  of  workers  were  obtained. 

METHODS  OF  INVESTIGATION. 

The  method  employed  was  to  copy  from  the  payroll,  for  the  cur- 
rent week,  the  receipt  of  every  person  in  the  establishment,  noting 
rate,  time,  additions  and  deductions,  and  earnings.  In  several 
thousand  cases  it  was  possible  to  obtain  such  data  for  an  entire  year. 
The  number  of  employees  and  the  total  wages  of  the  week  were  also 
taken. 

The  second  line  of  inquiry  consisted  in  obtaining  from  each  em- 
ployee a  card  showing  his  or  her  age,  nativity,  conjugal  condition, 
particular  work  done,  length  of  time  employed,  and  whether  or  not 
the  worker  lived  at  home.  This  was  followed  up  in  over  one  thou- 
sand cases  by  personal  interviews  with  the  workers,  by  which  it 


REPORT    OF    COMMISSION.  29 

was  sought  to  ascertain  in  detail  the  past  industrial  experience  and 
present  working  conditions  of  the  worker,  as  well  as  his  or  her 
schooling  and  standard  of  living. 

The  last  branch  of  the  investigation  consisted  of  an  interview 
with  the  employers  or  responsible  managers.  This  dealt  with  the 
general  conditions  and  tendency  of  the  trade,  such  as  hours,  sea- 
sons and  changes  in  working  force.  Methods  of  securing  and  pro- 
moting help,  wage  payments,  fines  and  commissions,  pensions,  wel- 
fare work  and  general  efficiency  were  discussed. '  In  some  cases  the 
firm's  books  were  thrown  open  to  an  accountant  for  the  purpose  of 
analyzing  relative  costs  <and  revenues. 

INVESTIGATION  OF  MILLINERY  INDUSTRY. 

Under  the  supervision  of  the  Director  of  Investigation,  the  Com- 
mittee on  Women's  Work  of  the  Russell  Sage  Foundation,  of  whidi 
Miss  Mary  Van  Kleeck  is  at  the  head,  has  been  engaged  in  making 
a  careful  intensive  study  of  wage  conditions  in  the  artificial  flowers 
and  millinery  industries  for  the  Commission.  The  investigation 
is  still  going  on,  and  up  to  the  present  over  two  thousand  an- 
nual wage  cards  of  individual  workers  have  been  secured.  The  re- 
sult of  this  investigation  will  make  a  valuable  addition  to  the  sta- 
tistics ard  information  gathered  by  this  Commission. 

REPORT  ON  MINIMUM  WAGE  LEGISLATION. 

The  repor-:  on  minimum  wage  legislation,  prepared  for  the  Com- 
mission by  Irene  Osgood  Andrews,  Assistant  Secretary  of  the 
American  Association  for  Labor  Legislation,  is  set  forth  in  Appen- 
dix 111. 

ThU  report  is  very  full  and  comprehensive.  It  presents  for  the 
first  time  in  compact  form  an  analysis  of  all  existing  wage  legisla- 
tion in  this  and  foreign  countries,  and  goes  into  the  operation  there- 
of and  the  methods  of  administration  thereunder.  This  report  will 
not  only  be  of  considerable  value  to  the  public  generally  interested 
in  this  problem,  but,  we  believe,  it  will  be  particularly  serviceable 
to  members  of  the  Legislature  and  other  State  officials  in  the  con- 
sideration cf  any  wage  legislation  that  may  be  proposed. 


30  EEPORT   OF   COMMISSION. 

The  following  is  an  outline  of  this  report,  showing  how  thorough 
and  complete  it  is  in  all  respects. 

MINIMUM  WAGE  LEGISLATION. 

I.  THE  AMERICAN  MINIMUM  WAGE  MOVEMENT. 

1.  Introduction. 

2.  Early  History  of  the  Movement  in  America. 

Definition  of  a  Living  Wage. 
Methods  of  Wage  Determinations. 
Persons  and  Industries  Involved. 
Proposals  in  Congress. 

3.  Analysis  of  American  Laws. 

Titles. 

Appointment  —  Organization  —  Appropriations. 

Jurisdiction. 

Initial  Investigations. 

Subordinate  Wage  Boards  —  Organization. 

Operation  of  the  Wage  Boards. 

Application  of  Wage  Determination. 

Rehearings. 

Enforcement  —  Penalties. 

Court  Review. 

Comparative  Table  of  Minimum  Wage  Laws. 

4.  Operation  of  American  Laws. 

Oregon. 

California. 

Massachusetts. 

Minnesota. 

Utah. 

Washington. 

Wisconsin. 

5.  Recent  Developments  in  the  American  Movement. 

Constitutional    Amendments  —  Inclusion    of    men  —  Initi- 
ated measures. 

II.  FOREIGN  LEGISLATION  AND  RECOMMENDATIONS. 

New  Zealand. 
Victoria. 
Germany. 
England. 

International  Recommendations. 


REPORT   OF    COMMISSION.  31 

III.    REPRESENTATIVE  OPINIONS  UPON  THE  OPERATION  OF  WAGE  BOARDS. 
Position  of  the  American  Federation  of  Labor. 
Economic  Inequality  Between  Employer  and  Employee. 
A  living  Wage  and  the  Parasitic  Industries. 
Relation  to  Cost  of  Production. 

Effect  upon  efficiency  of  employer  and  employee. 

Employees  unable  to  earn  the  minimum  rate. 
The  Minimum  Wage  as  a  Public  Policy. 
Constitutional  Aspects  of  Minimum  Wage  Legislation. 

APPENDIX  A.     Decision  of  Oregon  Supreme  Court  upholding  the  Minimum 
Wage  Law. 

APPENDIX  B.     Minimum  Wage  Laws. 

The  American  Acts. 

California. 

Colorado. 

Massachusetts. 

Minnesota. 

Nebraska. 

Oregon. 

Utah. 

Washington. 

Wisconsin. 
The  British  Acts. 

The  Trade  Boards  Act. 

The  Coal  Mines  Act. 
The  Victorian  Special  Boards  Act. 

APPENDIX  C.     (1)   SELECT  BIBLIOGRAPHY. 

(2)  MINIMUM  WAGE  COMMISSIONS. 

PRESENT  STATUS  OF  THE  WAGE  INVESTIGATION. 

The  preliminary  reports  of  the  Director  of  Investigation  on  two 
of  the  industries  studied — the  confectionery  and  paper-box  indus- 
tries— 'are  submitted  herewith,  and  marked  Appendix  I  and  Ap- 
pendix II,  respectively. 

At  the  present  time  the  huge  mass  of  statistics  that  have  been 
gathered  in  the  department  stores  and  other  mercantile  establish- 
ments, and  in  the  shirt  industry,  are  in  process  of  tabulation,  and 
this  necessarily  is  a  slow  and  painstaking  work,  for  there  are  several 
thousand  detailed  tables  to  be  prepared. 

It  would  be  unwise  and  hardly  proper  in  the  present  unfinished 
state  of  the  work  to  discuss  the  results  that  have  been  obtained.  We 
do  imt  tlcsiiv  to  cite  from  incomplete  tables,  nor  do  we  wish  to  draw 


32  REPORT   OF   COMMISSION. 

hasty  inferences  from  such  tables  as  have  been  prepared  up  to  date. 
We  want  to  study  them  carefully  and  in  their  entirety  before  we  ar- 
rive at  any  conclusions. 

To  indicate  the  importance  and  gravity  of  the  situation  that  has 
been  disclosed,  so  far  as  we  have  proceeded,  we  submit  the  follow- 
ing tables,  showing  in  general  figures  the  wages  received  by  men, 
women  and  children  in  the  confectionery  and  paper-box  industries 
in  Greater  New  York : 

Table  -No.  1.  Kates  of  wages  by  occupation  of  workers  in  the 
confectionery  industry. 

Chart  No.  2.  Rates  of  wages  according  to  ages  of  workers  in  the 
confectionery  industry. 

Table  No.  3.  Actual  earnings,  according  to  occupation,  of  work- 
ers in  the  confectionery  industry. 

Table  No.  4.  Actual  earnings,  according  to  age,  of  workers  in 
the  confectionery  industry. 

Table  No.  5.  Rates  of  wages,  by  occupation,  of  workers  in  the 
paper-box  industry. 

Table  No.  6.  Rates  of  wages,  according  to  ages  of  workers,  in 
the  paper-box  industry. 

Table  No.  7.  Actual  earnings,  according  to  occupation,  of  work- 
ers in  the  paper-box  industry. 

Table  No.  8.  Actual  earnings,  according  to  age,  of  workers  in 
the  paper-box  industry. 


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39 


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40  REPORT    OF    COMMISSION. 

WEEKLY  RATES  IN  THE  CONFECTIONERY  INDUSTRY. 

The  figures  for  the  confectionery  industry  show  that  from  $8  to 
$10  a  week  is  the  most  common  rate  for  men,  and  that  $5  a  week 
is  most  frequently  quoted  for  girls.  The  majority  of  male  workers 
may  expect  to  receive  between  $8  and  $14.  Most  girls  and  women 
are  hired  for  from  $5  to  $7.50.  M'ore  than  one-half  of  the  men  re- 
ceive less  than  $10,  and  one-half  of  the  women  less  than  $6  a  week. 

More  specifically,  the  prevailing  rates  for  foremen  are  from  $16 
to  $25,  and  for  forewomen,  from  $8  to  $13.  The  majority  of  ex- 
perienced candy-makers  receive  from  $12  to  $18.  Good  machine 
operators  are  to  be  had  at  $11  to  $16.  Most  hand-dippers  get  from 
$5  to  $10,  the  better  ones  $8  and  over.  Packers  and  wrappers,  who 
constitute  the  bulk  of  the  female  employees,  usually  receive  from  $5 
to  $7,  while  the  great  mass  of  male  helpers  range  from  $7  to  $12, 
and  less  skilled  women  from  $4.50  to  $6.50  a  week. 

Over  one-half  the  minor  male  employees  are  paid  less  than  $7.50 
a  week,  and  nearly  one-half  the  adult  men  receive  less  than  $12. 
More  than  two-thirds  of  the  girls  under  eighteen  are  rated  below 
$5.50  a  week,  and  more  than  one-half  the  women  above  this  age  fail 
to  rise  above  $7. 

ACTUAL  EARNINGS  IN  THE  CONFECTIONERY  INDUSTRY. 

The  foregoing  are  the  rates  quoted  by  employers,  but  they  suffice 
to  indicate  the  general  levels  of  wages  in  the  industries.  In  order 
to  ascertain  the  actual  earnings,  a  week  was  selected  when  the  busi- 
ness was  active,  though  not  yet  quite  at  its  height.  According  to 
rates  quoted,  only  12.7  per  cent,  of  the  employees  were  rated 
under  $5  a  week,  but  according  to  actual  earnings,  21.7  per  cent, 
of  all  whose  receipts  were  noted  fell  below  that  amount.  On  the 
other  hand,  from  the  rates  quoted,  64.8  per  cent,  of  the  workers 
might  have  been  expected  to  receive  more  than  $5  and  less  than  $10 
a  week.  As  a  matter  of  fact,  however,  only  56.6  per  cent,  act- 
ually received  sums  between  these  amounts.  Absence  accounts  for 
a  large  part  of  the  discrepancy  between  wages  quoted  and  wages  re- 
ceived in  the  cases  of  the  low-paid  employees. 


REPORT    OF    COMMISSION.  41 

WEEKLY  RATES  IN  THE  PAPER  Box  INDUSTRY. 

Twelve  dollars  is  the  most  common  rate  for  all  males,  and  $6  for 
all  female  employees. 

The  majority  of  men  and  boys  are  supposed  to  earn  between  $8 
and  $-  6  ;  more  than  half  the  women  and  girls  between  $5  and  $9. 

Over  half  the  male  help  is  rated  below  $12  and  the  majority  of 
females  under  $6.50. 

Boys  and  girls  under  18  years  average  between  $5  and  $6  a 
week;  women  over  18  center  at  about  $9;  adult  men,  at  about  $15 
a  week. 

The  run  of  foremen  are  hired  for  from  $18  to  $25 ;  forewomen, 
from  $10  to  $13.  Most  male  cutters  receive  from  $10  to  $18; 
women,  $5  to  $7.  Men  who  do  corner-staying  and  ending  usually 
ask  from  $8  to  $15;  women  are  to  be  had  for  similar  work  from 
$5  to  $10.  .Male  glue-table  workers  ordinarily  range  from  $6  to 
$12 ;  most  women  table  workers,  who  do  pasting  and  finishing,  from 
$5  to  $10.  Covering  (i.  e.,  stripping  and  labeling),  which  is  a 
woman's  trade  requiring  some  skill,  brings  from  $6.50  to  $10. 
Turners  in,  who  are  usually  girls  learning  the  trade,  are  quoted  at 
from  $4.50  to  $6.  Closing,  tying  and  floor  work  ordinarily  brings 
from  $5.50  to  $10  for  males,  and  from  $4  to  $7  for  girls. 

ACTUAL  EARNINGS  IN  THE  PAPER-BOX  INDUSTRY. 

Almoot  2,000  women,  or  nearly  one^half  of  all  over  18  years  of 
age  in  the  trade,  earned  le&e  than  $6  for  a,  week's  work.  More  than 
700  girls  under  18,  or  43  per  cent,  of  those  below  this  age,  earned 
less  than  $5. 

More  thiin  400  men,  or  over  20  per  cent,  of  all  adult  males, 
earned  Io3s  than  $10  in  a  week.  Nearly  half  of  all  male  minors 
receive:!  lew  than  $7. 


42  REPORT    OF    COMMISSION. 

WAGES  Too  Low  FOE  DECENT  LIVELIHOOD. 

This  summary  of  wages  actually  received  indicates  clearly  that 
there  is  not  only  room  for,  but  necessity  for  improvement  in  wages 
paid.  !No  woman  can  live  properly  on  $5  or  $6,  or  even  $7,  a  week. 

What  is  to  be  done  to  remedy  this  condition  the  Commission  has 
not  yet  agreed  upon.  The  Commission  believes  that  something 
must  be  done  which  will  provide  a  remedy.  There  is  no  doubt  that 
investigation  and  publication  of  these  facts,  and  the  agitation  that 
will  necessarily  ensue,  will  be  productive  of  good  results. 

The  public  hearings  of  the  Commission  which  were  held  here- 
tofore, and  which  disclosed  the  long  hours  which  women  and  chil- 
dren worked  and  unsanitary  conditions  of  labor,  produced  as- 
much  good  as  legislation.  Manufacturers  and  proprietors  of 
industrial  establishments,  where  attention  was  called  to  these 
facts  in  a  pointed  way,  were  themselves  eager  to  bring  about 
improvements. 

The  Commission  believes  that  when  it  has  finished  gathering  its 
facts,  through  its  investigators,  and  then  has  public  hearings  on  the 
subject,  hearing  both  sides,  as  it  always  has  done,  and  permit- 
ting examination  and  cross-examination  of  witnesses  by  all  parties 
in  interest,  the  publication  of  the  exact  facts  as  to  wages  and 
the  discussion  necessarily  following,  will  be  productive  of  great 
good  and  improvement  of  themselves.  With  all  the  facts  then 
before  it,  and  after  its  own  personal  investigations  are  completed, 
che  Commission  will  be  able  fully  to  report  to  the  Legislature  its 
views  as  to  what  may  be  done. 

NECESSITY  FOR  CONTINUANCE  OF  INVESTIGATION. 

Facilities  should  be  afforded  for  completing  the  tabulation  of  the 
statistics  that  have  been  gathered  and  for  continuing  the  investiga- 
tion of  the  industries  named  in  the  different  cities  of  the  State 
There  should  also  be  a  more  extensive  study  of  the  various  phases 
o  c  the  wage  problem,  such  as : 

Unemployment ; 
Industrial  education ; 
Vocational  guidance ; 
.Efficiency  of  the  workers ; 


REPORT   OF    COMMISSION.  43 

Cast  of  living  and  family  budgets ; 
Relation  between  low  wages  and  vice, 

and  other  kindred  subjects. 

After  all  of  the  statistics  have  been  put  in  proper  shape  public 
hearings  should  be  held  in  the  different  cities  of  the  State,  and  the 
fa- its  gathered  brought  to  light,  and  all  those  interested,  employers 
and  employees,  given  an  opportunity  to  present  their  views  and 
suggestions  concerning  the  measures  to  be  adopted  to  remedy  the 
evils  disclosed.  Hasty  and  ill-considered  legislation  on  a  matter  of 
such  vital  importance  cannot  be  too  strongly  condemned. 

It  i-  for  these  reasons  that  the  Commission  simply  makes  this 
preliminary  report  to  show  the  necessity  for  continuance  of  its  in- 
vestigation of  this  important  subject,  and  does  not,  at  this  time,  go 
into  any  discussion  of  the  different  phases  of  the  problems  that  have 
been  assigned  to  it,  or  take  up  the  arguments  that  have  been  urged 
in  favor  of  and  in  opposition  to  any  wage  legislation  by  the  State. 

The  people  of  the  State  have  the  right  to  expect  us  to  be  sure  of 
our  ground  when  we  make  our  final  recommendations. 

It  is  proper  to  say  that  many  of  us,  prior  to  entering  upon  the 
work  of  this  Commission,  have  studied  this  problem,  and  have  ar- 
lived  at  .somewhat  definite  conclusions.  The  temptation  to  make 
definite  recommendations,  based  upon  personal  experience,  is  very 
great,  but  when,  as  a  Commission,  we  entered  upon  this  investiga- 
tion, we  put  aside  for  the  time  being  our  own  personal  views.  We 
feel  that  we  must  decide  on  the  evidence  that  we  have  gathered  as 
a  Commission,  and  believe  that  the  facts  that  have  been  obtained  up 
to  the  present  are  insufficient  to  serve  as  the  basis  of  any  final  rec- 
ommendations upon  this  important  subject.  Moreover,  a  large  part 
of  the  statistics  that  have  been  gathered  has  not  yet  been  tabulated, 
and  until  that  has  been  done  they  have  but  little  significance. 

It  is  well  to  call  attention  to  the  fact  also  that  next  year 
there  will  probably  be  held  a  convention  to  revise  the  Constitution, 
when  this  matter  and  other  matters  bearing  upon  it  will  undoubt- 
edly come  up  for  consideration.  We  believe  that  that  Convention 
should  receive  the  benefit  of  a  complete  and  comprehensive  investi- 
gation of  this  subject. 


44  REPORT   OF   COMMISSION. 

RECODIFICATION  OF  THE  LABOR  LAW. 

In  our  second  report  to  the  Legislature,  we  called  attention  to 
the  necessity  for  a  complete  recodification  of  the  Labor  Law.  In 
that  report,  page  292,  the  Commission  said: 

"  The  greater  part  of  the  legislation  recommended  by  the 
Commission  must  take  the  form  of  amendments  to  the  Labor 
Law.  That  statute,  since  its  enactment  in  1897,  has  been 
subjected  to  numerous  amendments  and  has  grown  to  be  un- 
wieldy and  complicated.  It  is  in  need  of  revision  that  will 
simplify  its  form  and  arrangement  and  clarify  its  meaning. 
The  Commission  recommends  that  the  Labor  Law  be  properly 
recodified." 

We  have  accordingly  prepared  a  complete  and  comprehensive 
recodification  of  the  Labor  Law,  which  we  submit  herewith.  It  is 
attached  to  this  report  and  marked  Appendix  V. 

In  this  work  we  have  had  the  active  assistance  and  co-operation 

of  the  Legislative  Bill  Drafting  Bureau  of  Columbia  University. 

The  following  Advisory  Committee  was  appointed  to  assist  the 

Commission  in  the  preparation  of  the  recodification  of  the  Labor 

Law: 

Hon.  James  M.  Lynch. 

Hon.  John  Williams. 

Miss  Pauline  Goldmark. 

Gteorge  W.  Alger. 

Walter  Lindner. 

John  R.  Shillady. 

Lawrence  Yeiller. 

Laurence  Arnold  Tanzer. 

The  Commission  desires  to  express  its  appreciation  of  the  many 
suggestions  and  criticisms  that  were  received  from  the  members 
of  the  Committee,  who  gave  up  their  time  to  this  work. 


REPORT   OF    COMMISSION.  45 

PRESENT  ARRANGEMENT  OF  THE  LABOR  LAW. 
The  present  Labor  Law  contains  the  following  articles : 

Art.  I.  Short  title;  definitions. 

II.  General  provisions. 

III.  Department  of  Labor. 
Ilia.  Industrial  Board. 

IV.  Bureau  of  Inspection. 

V.  Bureau  of  Statistics  and  Information. 
VI.  Factories. 

VII.  Tenement-made  articles. 
VIII.  Bakeries  and  confectioneries. 
IX.  Mines,  tunnels  and  quarries. 

X.  Bureau  of  Mediation  and  Arbitration. 
XI.  Bureau  of  Industries  and  Immigration. 
XII.  Mercantile  establishments. 
XIII.   Convict-made  goods  and  duties  of  the  Commissioner 

of  Labor  relative  thereto. 
XIV.  Employers'  liability. 
XI Va.  Workmen's  compensation  in  dangerous  employments, 

XV.  Employment  of  children  in  street  trades. 
(XVI.  Laws  repealed.) 

REPEAL  OF  PRESENT  ARTICLES  OF  THE  LABOR  LAW. 

We  have  omitted  from  the  proposed  revision  all  of  the  provi- 
sions contained  in  Article  XIII,  relating  to  convict-made  goods; 
Article  XIV,  relating  to  employers'  liability;  Article  XlVa,  re- 
lating to  workmen's  compensation ;  and  Article  XV,  relating  to 
children  in  the  street  trades. 

Article  XI Va,  dealing  with  workmen's  compensation,  and  de- 
clared unconstitutional  in  the  Ives  case,  was  repealed  at  the  recent 
special  session  of  the  Legislature. 

We  also  recommend  the  r,epeal  of  Article  XIII,  dealing  with 
convict-made  goods,  because  it  has  been  held  to  be  unconstitu- 
tional, and  is  now  ineffective.  (People  vs.  Hawkins,  157  N".  Y. 
1,  1898 ;  People  vs.  Rayneg,  136  App.  Div.  417,  1910,  affirmed 
198  K  Y.  539,  622,  1910.) 


46  REPORT    OF    COMMISSION. 

This  article  prohibits  the  sale  of  convict-made  goods  without  a 
license  and  provides  for  the  issue  and  revocation  of  licenses.  It 
also  requires  convict-made  goods  to  be  labeled  and  marked  as  such 
and  prohibits  the  sale  thereof  without  such  label  and  mark.  Sec- 
tion 620  of  the  Penal  Law  punishes  as  a  misdemeanor  acts  which 
constitute  violations  of  the  provisions  of  this  article. 

While  we  approve  of  striking  out  this  provision,  in  the  recodifi- 
cation  of  the  Labor  Law,  because  the  decision  of  the  Court  of 
Appeals  makes  it  a  nullity,  yet  we  are  in  favor  of  proper  legisla- 
tion which  will  carry  into  effect  the  same  principles.  If  neces- 
sary, the  matter  should  be  submitted  to  the  Constitutional  Conven- 
tion, which  we  believe  is  to  be  held,  so  that  constitutional  author- 
ity may  be  had  for  legislation  upon  the  subject.  If  it  is  necessary 
to  have  such  legislation  authorized  by  a  federal  statute,  then  we 
approve  of  the  enactment  of  a  federal  statute  carrying  out  legisla- 
tion which  embraces  this  principle. 

TRANSFER  OF  PRESENT  ARTICLES  OF  THE  LABOR  LAW. 

We  recommend  the  transfer  to  other  chapters  of  the  Consoli 
dated  Laws  of: 

1.  Article  XIV,  dealing  with  employers'  liability  and  volun- 
tary workmen's  compensation.     The  recently  enacted  Workmen's 
Compensation  Act  was  made  chapter  67  of  the  Consolidated  Laws. 
We  recommend  that  the  title  to  this  chapter  be  made  "  Employers' 
Liability  and  Workmen's  Compensation,"  and  that  the  provisions 
of  this  article  be  transferred  to  that  chapter,  so  that  the  wholp 
of  the  statutory  law  dealing  with  employers'  liability  for  injuries 
to  his  employees  will  be  contained  in  one  chapter. 

2.  Article  XV,  dealing  with  children  in  the  street  trades.     The 
provisions  of  this  article  are  now  enforced  by  the  police  and  at- 
tendance officers.     We  suggest  that  its  provisions  be  transferred 
to  the  Education  Law. 

The  fact  that  the  Department  of  Labor  does  not  have  any  power 
or  duty  to  enforce  the  provisions  of  the  foregoing  articles  consti- 
tutes an  added  reason  for  their  omission  from  the  revised  Labor 
Law. 


REPORT    OF    COMMISSION.  47 

PRESENT  PLAN  OF  ARRANGEMENT, 

The  idea  of  classification  which  evidently  underlies  the  present 
{MTiuigement  of  the  Labor  Law  is  that  all  provisions  affecting  a 
particular  industry  should  be  gathered  into  a  separate  article 
devoted  to  that  industry.  For  example,  in  the  article  entitled 
"  Factories,"  appear  most  of  the  provisions  applicable  to  factories. 

That  it  is  practically  impossible  without  wholly  unnecessary 
repetition  to  accomplish  the  purpose  of  such  a  classification  is  evi- 
denced by  the  fact  that  in  the  article  entitled  "General  Provisions" 
there  are  a  number  of  provisions  which  apply  to  factories,  as  well 
as  to  other  establishments,  and  in  the  article  entitled  "Factories" 
there  are  some  provisions  which  apply  to  other  industrial  estab- 
lishments, as  wrell  as  to  factories. 

The  only  justification  for  such  a  classification  is  the  practical  ad- 
vantage of  having  grouped  together  all  of  the  provisions  of  the  law 
applicable  to  a  particular  industry.  As  a  matter  of  fact,  the  pres- 
ent Labor  Law  does  not  present  this  desirable  grouping  of  its  pro- 
visions, and,  as  has  been  said,  it  is  quite  impossible  to  accomplish  it 
without  a  very  great  deal  of  useless  repetition  of  provisions  appli- 
cable to  several  industries  in  the  article  devoted  to  each  of  those  in- 
dustries. 

All  the  advantages  of  such  a  classification  can  be  accomplished  in 
the  reprints  of  the  law  prepared  by  the  Commissioner  for  the  use  of 
employers  and  the  public.  The  Commissioner  can  readily  take 
out  all  the  provisions  of  the  Labor  Law  applicable  to  factories,  no 
matter  what  article  may  contain  them,  and  no  matter  to  what  other 
industries  they  may  be  applicable,  and  group  them  in  a  single  pam- 
phlet for  the  use  of  persons  interested  in  legislation  affecting  fac- 
tories. 

PROPOSED  CLASSIFICATION. 

We  have,  therefore,  departed  from  the  idea  of  classification 
underlying  the  present  arrangement  of  the  law.  Briefly,  we  have 
adopted  the  following  arrangement : 

Group  under  headings,  indicating  the  subject  matter,  all  provi- 
sions dealing  with  the  relations  between  the  employer  and  the 
employee,  as.  for  example,  such  matters  as  hours,  wages,  pro- 


48  REPORT   OF    COMMISSION. 

hibi'ted  employments,  etc. ;  and  under  headings,  indicating  the  in- 
dustries to  which  they  apply,  all  provisions  relating  to  the  physical 
conditions  under  which  the  work  is  done,  as,  for  example,  con- 
struction, equipment  and  method  of  operation  of  places  of  employ- 
ment. Following  this  plan  of  grouping  the  provisions  of  the  law, 
we  have  used  the  following  arrangement : 

Art.  I.  Short  title;  definitions. 

II.  The  Department  of  Labor. 

III.  General  provisions. 

IV.  Employment  of  children  and  females. 
V.  Hours  of  labor. 

VI.  Payment  of  wages. 
VII.  Public  work. 

VIII.  Employment  agencies  and  immigrant  lodging-houses. 
IX.  Mediation  and   arbitration  of  industrial   controver- 
sies. 

X.  Building  construction  and  repair  work. 
XL  Eactories. 
XII.  Bakeries  and  manufacture  of  food  products. 

XIII.  Tenement-made  articles. 

XIV.  Sanitation  in  mercantile  establishments. 
XV.  Mines,  tunnels  and  quarries. 

XVI.  Employment  in  compressed  air. 
XVII.  Violations  and  penalties. 

I^EW  ARTICLE,  "  THE  DEPARTMENT  OF  LABOR." 

Particular  attention  is  called  to  the  new  article  II,  "  The  De- 
partment of  Labor."  In  this  we  have  attempted  to  cover  the 
whole  field  of  organization  and  powers  and  duties  of  the  Depart- 
ment, and  to  include,  as  far  as  possible,  all  the  provisions  relating 
to  administration  and  enforcement. 

The  provisions  in  the  existing  Labor  Law  relating  to  right  of 
entry,  inspection,  notices  and  orders  to  comply  with  the  provisions 
of  the  law,  have  been  covered  by  general  sections  in  this  new 
article. 


REPORT    OF    COMMISSION.  49 

Some  administrative  provisions  have,  where  they  had  special 
and  exclusive  application  to  particular  parts  of  the  law,  been 
retained  in  the  articles  to  which  they  apply,  as,  for  instance,  (a) 
supervision  over  the  issuance  of  employment  certificates,  and 
physical  examination  of  children  and  cancellation  of  employment 
certificates,  (b)  issuance  of  sanitary  certificates  for  bakeries  and  of 
licenses  for  tenement-houses.  Again,  some  administrative  provi- 
sions with  which  the  Labor  Department  is  not  concerned  have  been 
retained  in  the  articles  to  which  they  apply,  such  as  (a),  the  issu- 
ance of  employment  certificates  by  the  Health  Department,  and  (b) 
powers  and  duties  of  boards  of  health  with  reference  to  tenement- 
made  articles. 

SUMMARY  POWERS  OF  COMMISSIONER  INCREASED. 

We  have  increased  the  summary  powers  of  the  Commissioner  to 
enforce  the  provisions  of  the  law.  The  Commissioner  of  Labor 
is  authorized  to  apply  to  the  Supreme  Court  for  an  order  em- 
powering him  to  close  up  a  building  in  which  there  is  persistent 
violation  of  the  law  involving  serious  danger  to  the  lives  or  the 
health  of  the  employees. 

PENALTY  PROVISIONS. 

A  revised  form  of  section  1275  of  the  Penal  Law,  under  which 
practically  all  prosecutions  are  now  brought,  has  been  substituted 
for  the  many  criminal  penalties  which  are  now  scattered  through 
the  Labor  Law  and  the  Penal  Law.  So,  also,  two  sections,  con- 
taining general  provisions  as  to  civil  penalties  and  remedies,  have 
been  substituted  for  the  several  civil  penalty  provisions  that  are 
now  found  in  different  parts  of  the  Labor  Law. 

INCREASE  IN  CRIMINAL  PENALTIES. 

We  recommend  the  following  provisions  in  place  of  the  penal- 
ties provided  in  section  1275  of  the  Penal  Law: 

Criminal  Penalties-  for  Violation :  1.  Any  person  who  violates, 
or  does  not  comply  with,  any  provisions  of  this  chapter,  any  pro- 
vision of  rules  made  under  authority  granted  in  this  chapter,  or  any 


50  REPORT    OF    COMMISSION. 

lawful  order  of  the  Commissioner,  and  any  person  who  knowingly 
makes  a  false  statement  or  entry  in  any  affidavit,  certificate,  tran- 
script, time-book,  register,  record,  report,  documentary  evidence  or 
other  papers  required  to  be  made  or  kept  under  any  provision  of 
this  chapter,  is  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished,  except  -as  otherwise  provided  in  this  chapter,  for 
a  first  offense  by  a  fine  of  not  less  than  twenty  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  for  not  more  than 
ten  days,  or  by  both  a  fine  and  imprisonment ;  for  a  second  offense 
by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  two  thousand 
five  hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty 
days,  or  by  both  a  fine  and  imprisonment ;  and  for  a  third  or  subse- 
quent offense  by  a  fine  of  not  less  than  two  hundred  >and  fifty  dollars 
nor  more  than  five  thousand  dollars,  or  by  imprisonment  for  not 
more  than  sixty  days,  or  by  both  a  fine  and  imprisonment, 

This  changes  the  present  penalties  by  raising  the  maximum  fine 
for  a  first  offense  from  $50  to  $500 ;  for  a  second  offense  from  $250 
to  $2,500,  and  also  provides  that  a  sentence  of  not  more  than  ten 
days'  imprisonment  may  be  imposed  for  a  first  offense.  There  has 
been  no  change  in  the  minimum  penalties,  and  the  increase  in  the 
maximum  penalties  is  in  response  to  a  widespread  demand  that 
the  courts  be  given  power  to  impose  more  severe  sentences  than  is 
now  possible,  where  circumstances  demand  it,  for  example,  where 
there  has  been  a  wilful  disregard  of  measures  that  indirectly  in- 
volve the  safety  of  workers. 

MAGISTRATES  TO  DISPOSE  OF  FIRST  OFFENSE  VIOLATIONS  OF 

LABOR  LAW. 

We  recommend  the  amendment  of  sections  31  and  72  of  the  "In- 
ferior Courts  Act  of  the  City  of  New  York'7  so  as  to  confer  jurisdic- 
tion upon  the  City  Magistrates'  Court,  to  dispose  of  violations  of 
the  Labor  Law,  first  offense.  At  the  present  time,  in  any  prosecu- 
tion for  a  violation  of  the  Labor  Law,  if  a  prima  facie  case  is  made 
out,  the  magistrate  has  no  power  except  to  hold  the  defendant  for 
the  Court  of  Special  Sessions.  The  amendment  that  is  suggested 
is  a  very  simple  one,  and  will,  we  believe,  result  in  the  saving  of 
considerable  time  to  the  court  and  to  the  employees  of  the  Depart- 
ment of  Labor. 


REPORT    OF    COMMISSION.  51 

CONSOLIDATION  OF  PROVISIONS  RELATING  TO  EMPLOYMENT 
CERTIFICATE. 

We  have  consolidated  the  lengthy  provisions  of  the  present  law 
relating  to  the  issuance  of  employment  certificates  (sections  71  to 
7<>,  and  sections  "163  to  167  of  the  present  law),  and  put  them  in 
the  new  article  IV  "  Employment  of  Children  and  Females." 

The  two  series  of  provisions  are  practically  identical,  and  by 
consolidating  them  the  unnecessary  repetition  of  more  than  two 
thousand  words  is  avoided. 

RECODIFIC.ATION  LIMITED  TO  FORM  AND  ARRANGEMENT. 

We  have  endeavored  not  to  make  any  changes  in  the  substantive 
provisions  of  the  existing  law — that  is,  in  those  provisions  which 
impose  duties  and  fix  the  rights  of  persons  affected  by  the  law.  We 
have  tried  to  preserve  the  policies  of  the  present  substantive  law, 
but  to  state  those  policies  more  clearly,  more  briefly  and  more  con- 
sistently with  each  other.  The  changes  made  in  the  policies  of  the 
present  law  have  been  limited  to  those  dealing  with  the  enforce- 
ment of  the  law  as  previously  outlined. 

MERCANTILE  ESTABLISHMENTS. 

In  its  second  report  the  Commission  discussed  the  results  of  a 
preliminary  investigation  of  conditions  in  mercantile  establish- 
ments in  first  and  second  class  cities  of  the  State.  The  investiga- 
tion was  not  completed  in  time  to  enable  the  Commission  to  sub- 
mit any  definite  recommendations  on  the  subject  last  year. 

This  preliminary  investigation  was  supplemented  this  year  by 
a  careful  study  of  wages  in  mercantile  establishments,  to  which 
reference  has  already  been  m'ade. 

The  Commission  also  undertook  an  investigation  of  the  fire 
hazard  in  department  stores  and  other  mercantile  establishments, 
in  the  different  cities  of  the  State,  the  results  of  which  are  set 
forth  later  in  this  report. 


52  REPORT    OF    COMMISSION. 

SANITATION  IN  MERCANTILE  ESTABLISHMENTS. 

But  little  attention  has  in  the  past  been  paid  to  conditions  of 
work  in  mercantile  establishments.  The  large  numbers  employed 
in  such  establishments,  the  fact  that  most  of  the  workers  are  girls 
and  women,  and  the  strain  and  fatigue  of  the  work  which  requires 
the  employees  to  stand  nearly  all  day,  combine  to  make  it  just  as 
essential  to  require  proper  measures  of  sanitation  and  comfort  in 
mercantile  establishments  as  is  already  provided  by  law  for 
factories. 

The  Commission,  therefore,  recommends  that  the  following  pro- 
visions of  the  Factory  Law  be  extended  to  cover  mercantile  estab- 
lishments, in  place  of  the  present  inadequate  mercantile  law : 

Sec.  17.  Seats  for  female  employees. 

Sec.  84.  Cleanliness  of  rooms. 

Sec.  84a.  Cleanliness  of  factory  buildings. 

Sec.  85.  Size  of  rooms. 

Sec.  86.  Ventilation  (subdivisions  1,  3,  4  and  5). 

Sec.  88.  Drinking  water,  wash-rooms  and  dressing-rooms 

Sec.  88a.  W ater  closets. 

The  Industrial  Board  should  be  given  the  power  to  amplify  and 
make  more  specific  these  provisions. 

EMPLOYMENT  OF  CHILDREN. 

For  more  than  ten  years  children  under  sixteen  years  of  age, 
employed  in  department  stores  and  other  mercantile  establish- 
ments, have  been  required  by  statute  to  limit  their  hours  of  labor 
to  nine  hours  a  day,  and  54  a  week.  In  1907,  over  six  years  ago, 
children  of  the  same  ages,  working  in  factories,  were  permitted 
to  work  only  eight  hours  a  day,  and  48  hours  a  week.  The  Com- 
mission can  see  no  sound  reason  for  this  discrimination.  The 
reasons  that  have  been  urged  for  the  eight-hour  day  for  children 
in  factories  apply  to  those  at  work  in  mercantile  establishments. 
Indeed,  it  may  be  urged  that  in  mercantile  establishments  the 
strain  is  often  greater  because  of  constant  standing  required  of  the 
messengers,  cash  boys  and  girls. 


REPORT    OF    COMMISSION.  53 

The  Commission  recommends,  therefore,  that  the  hours  of  labor 
of  children  between  fourteen  and  sixteen  years  of  age,  in  mercan- 
tile establishments,  be  made  to  conform  to  those  now  in  force  for 
children  of  that  age  in  factories,  namely,  that  no  such  child  shall 
be  employed  in  any  mercantile  establishment  for  more  than  eight 
hours  in  any  one  day,  or  more  than  48  hours  in  any  one  week,  or 
after  six  o'clock  in  any  day. 

HOURS  OF  LABOR  FOR  WOMEN. 

During  the  last  session  of  the  Legislature  an  amendment  to 
section  161  of  the  Labor  Law  was-  enacted,  which  provided, 

1.  That  the  hours  of  labor  in  mercantile  establishments,   in 
cities  of  the  second  class,  be  limited  to  54  hours  a  week,  and  else- 
where to  60  hours  a  week. 

2.  That  no  woman  be  employed  in  any  mercantile  establish- 
ment after  six  o'clock  in  the  evening,  in  any  second  class  city,  or 
after  ten  o'clock  in  the  evening  elsewhere  in  the  State. 

This  amendment,  which  was  not  recommended  by  this  Com- 
mission, has  been  severely  criticised  as  being  an  unfair  discrimi- 
nation against  merchants  in  second  class  cities.  The  Commission 
believes  this  criticism  is  well  founded.  In  a  health  measure  of 
this  kind  there  is  no  logical  reason  for  making  requirements  in 
second  class  cities  different  from  those  in  any  other  place  in  the 
State. 

W.e,  therefore,  recommend  the  following  amendments  to  this 
section : 

1.  The  hours  of  labor  of  women  in  mercantile  establishments  to 
be  limited  to  54  hours  a  week,  in  all  cities  of  the  State. 

2.  That  no  women  be  employed  in  any  mercantile  establish- 
ment, in  any  city  of  the  State,  after  ten  o'clock  in  the  evening. 

It  also  appears  that  this  amendment  was  so  loosely  drawn  as  to 
permit  children  under  sixteen  years  of  age,  to  work  overtime  dur- 
ing the  Christmas  period.  This  was  not  permitted  under  the  old 
law,  and  should  be  corrected  immediately. 


54  REPORT    OF    COMMISSION. 

TIME  BOOKS. 

To  carry  into  effect  the  suggestion  made  in  our  second  report, 
on  overtime  work  in  stores,  we  recommend  that  the  hours  of  labor 
be  posted,  and  a  time-book  kept,  in  every  mercantile  establish- 
ment where  women  are  employed  after  6.30  p.  m. 

Bills  which  embody  the  foregoing  recommendations  are  sub- 
mitted herewith. 

FIRE   HAZARD   IN   MERCANTILE   ESTABLISHMENTS. 

The  Commission's  study  of  mercantile  establishments  of  neces- 
sity included  an  inquiry  into  the  fire  hazard  in  mercantile  estab- 
lishments, because  of  the  fact  that,  especially  in  the  case  of  the 
large  department  stores,  they  are  practically  public  buildings. 
Besides  the  very  large  number  of  employees,  there  are  often  thou- 
sands of  people  under  one  roof  at  the  same  time,  in  these  larger 
department  stores.  For  this  very  reason  there  exists  a  consider- 
able life  hazard  in  case  of  fire  or  panic.  The  obvious  exposure  of 
large  quantities  of  inflammable  stock  and  the  difficulty  of  main- 
taining discipline  among  the  thousands  of  outsiders  who  visit 
these  stores,  present  a  condition  in  which  fire  or  panic  is  likely  to 
arise. 

SCOPE  OF  INVESTIGATION. 

The  Commission's  study  of  the  fire  hazard  in  mercan- 
tile establishments  included  both  the  large  department  stores  and 
some  of  the  small  mercantile  retail  establishments.  It  was,  of 
course,  impossible  to  visit  every  mercantile  establishment  in  the 
State  of  New  York,  but  in  order  to  make  the  work  as  comprehen- 
sive as  possible,  of  the  conditions  which  actually  exist,  thirty-six  re- 
tail mercantile  establishments  in  New  York  city  and  forty-four  such 
establishments  in  other  cities  were  selected  as  the  basis  of  the 
study.  The  forty-four  up-State  stores  were  located  in  the  cities 
of  Buffalo,  Rochester,  Syracuse,  Utica,  Sclienectady,  Troy  and 
Albany;  while  the  New  York  stores  were  located  in  the  boroughs 
of  Manhattan  and  Brooklyn.  Each  store  was  visited  by  an  investi- 
gator trained  in  building  inspection  and  familiar  with  the  best 
methods  of  fire  prevention.  A  complete  survey  of  each  building 


REPORT    OF    COMMISSION.  55 

was  made,  covering  the  main  points  of  the  construction  of  the 
buildings  as  follows: 

The  location  and  type  of  its  exit  facilities. 
The  capacity  of  exits. 

The  maintenance  of  the  store  with  special  reference  to  the 
conditions  of  exits. 

The  arrangement  of  aisles  for  facilitating  egress. 
The  disposition  of  inflammable  stock. 

The  distribution  of  inflammable  waste,  storage  and  use  of 
inflammable  packing  material. 

The  special  plan,  if  any,  existing  in  the  store  for  facilitat- 
ing egress  in  case  of  fire  or  panic. 

Other  information  was  gathered  in  regard  to  the  following: 

Existence  of  fire  walls,  and  the  extent  to  which  such  fire 
walls,  when  present,  had  been  developed  as  a  means  of.  exit. 

Exit  facilities  from  basements,  when  basements  were  used 
by  the  establishments. 

Extent  to  which  manufacturing  was  carried  on  in  these 
establishments,  and  the  special  precautions  taken  to  insure 
safety  to  the  persons  engaged  at  such  work  in  the  building. 

CONDITIONS  IN  UP-STATE  STORES. 

A  summary  of  the  information  gathered  in  regard  to  the  forty- 
four  up-State  stores  studied  shows  that  13,000  employees  were 
involved.  Most  of  the  buildings  were  planned  and  erected  with 
little  or  no  thought  of  providing  adequate  fire  protection  to  the 
thousands  of  people  who  work  in,  or  visit,  them  daily.  In  many 
cases  the  buildings  are  old  buildings,  converted  from  other  uses 
into  mercantile  establishments.  Most  of  them  are  non-fireproof, 
and  a  very  large  percentage  of  them  have  only  non-fireproof,  unen- 
closed stairways,  which  in  themselves  furnish  a  fire  hazard,  and 
are  an  entirely  unprotected  means  of  exit  in  case  of  fire.  As  a 
general  rule  the  ground  floor  exits  are  inadequate,  there  being 
usually  one  main  entrance  and  often  no  other  means  of  exit. 


56  REPORT    OF    COMMISSION. 

A  study  of  the  records  of  tlie  forty-four  up-State  stores  shows 
the  following  conditions : 

39  are  of  non-fireproof  construction. 

17  are  unsprinkled. 
34  have  no  standpipes. 

16  have  open  wells  or  rotundas  piercing  the  various  floors, 
thus  furnishing  a  draft  in  case  of  fire  and  inviting 
spread  of  flames  from  floor  to  floor.  Ten  of  these  open 
wells  were  without  even  the  protection  of  automatic 
sprinklers. 

22  have  elevators  without  fireproof  enclosures. 
Exit  Facilities: 

21  have  no  exits  from  the  basement  directly  to  the  street. 

18  have  the  street  doors  opening  inward. 

Maintenance : 

The  maintenance  of  the  up-State  stores  was  poor.  Large  amounts 
of  waste  and  rubbish  were  allowed  to  accumulate,  and  the  pack- 
ing rooms  were  usually  found  in  a  hazardous  condition.  In  but 
nine  stores  was  packing  done  in  fireproof  rooms. 

In  24  stores  the  baling  of  waste  material  and  old  packing 
material  (all  of  it  highly  inflammable)  was  done  in  open,  non- 
firejproof  rooms. 

In  only  10  stores  were  the  exits  marked. 

In  only  three  of  the  stores  were  there  any  special  fire  instruc- 
tions issued  to  employees. 

In  only  one  store  was  there  a  regular  fire  drill. 

In  only  13  were  there  fire  bells  or  gongs  to  give  alarm  in  case 
of  fire. 

CONDITIONS  IN  NEW  YORK  CITY  STORES. 

Of  the  thirty-six  New  York  city  stores  on  the  Commission's  list, 
the  records  of  only  twenty-one  are  complete  at  the  date  of  this 
report.  These  records  show  the  existence  of  a  definite  fire  hazard 
in  New  York  city  stores,  and  the  necessity  for  some  corrective 


REPORT    OF    COMMISSION.  57 

measures.     A  summary  of  these  twenty-one  stores  shows  the  fol- 
lowing conditions : 

14  are  of  non-fireproof  construction. 

7  are  unsprinkled. 

8  have  no  standpipes. 

6  have  open  wells  or  rotundas. 

5  have  elevators  without  fireproof  enclosures. 

8  have  no  exits  from  basement  directly  to  street. 

All  the  buildings  have  the  street  doors  opening  outward. 

2  buildings  have  fireproof  packing  rooms. 

6  have  fireproof  rooms  for  the  baling  of  waste  material. 
11  have  the  exits  marked. 

6  have  fire  drills. 

4  have  fire  signal  gongs. 

The  number  of  employees  in  these  twenty-one  stores  is  over 
20,000. 

A  study  of  the  crowds  in  these  stores  during  the  Christmas 
season  revealed  the  fact  that  these  stores  are  often  crowded  far 
beyond  the  capacity  of  their  exits.  In  one  New  York  city  store 
the  week  before  Christmas,  at  about  three  o'clock  in  the  afternoon, 
there  were  12,350  in  the  building,  4,500  of  them  being  on  the 
ground  floor  and  2,200  of  them  being  on  the  fifth  floor,  where 
toys  were  sold.  This  building  has  seven  stairways,  of  which  only 
two  are  fireproof  enclosed. 

Another  store,  having  four  stairways,  was  found  with  4,222 
people,  at  about  one  o'clock  in  the  afternoon  —  1,000  on  the  ninth 
floor. 

Still  another  building,  having  seven  stairways,  was  found  with 
8,325  people  — 900  of  these  being  on  the  eighth  floor  (restaurant), 
1,100  on  the  fifth  floor  (toys),  and  2,135  on  the  ground  floor. 

These  figures  are  sufficient  to  show  the  crowding  which  exists. 

CONCLUSIONS. 

The  problem  of  the  fire  hazard  in  mercantile  establishments 
may  be  approached  from  two  aspects : 


58  REPORT    OF    COMMISSION. 

1.  Provisions   for   proper   maintenance,   which   shall   apply   to 
present  and  future  establishments. 

2.  Provisions  for  proper  construction,  including  adequate  exit 
facilities.     Such  requirements  will  necessarily  have  to  be  different 
for  existing  and  future  structures. 

SMOKING   IN   MERCANTILE   ESTABLISHMENTS. 

Smoking  in  mercantile  establishments  in  which  inflammable 
materials  are  kept  and  offered  for  sale  constitutes  what  is  un- 
doubtedly the  most  serious  fire  hazard  in  that  industry.  We  have 
heretofore  recommended  legislation,  which  has  been  enacted,  pro- 
hibiting smoking  in  factories.  This  was  urged  by  every  fire 
insurance  expert,  fire  chief  and  fire  prevention  engineer  that  ap- 
peared before  the  Commission. 

If  such  a  requirement  is  necessary  in  the  case  of  factories, 
where  practically  only  employees  are  to  be  considered,  it  needs 
no  argument  to  show  how  necessary  it  is  in  mercantile  establish- 
ments where,  besides  the  large  number  of  workers,  the  public  is 
present  daily  in  hundreds  and  thousands,  and  where  the  materials 
that  are  on  hand  are,  for  the  most  part,  of  a  flimsy  and  highly 
inflammable  character. 

We,  therefore,  recommend  that  no  smoking  be  permitted  in  any 
mercantile  establishment,  other  than  cigar  stores,  in  which  more 
than  ten  persons  are  employed,  except  in  fireproof  enclosed  rooms 
set  apart  for  that  purpose.  The  Industrial  Board  shall  be  given 
power  to  make  rules  exempting  from  the  operation  of  this  prohibi- 
tion certain  classes  of  mercantile  establishments  where  the  hazard 
to  life  is  small,  for  example,  because  of  the  nature  of  the  materials 
that  are  offered  for  sale. 

OTHER  PROVISIONS  FOR  PROPER  MAINTENANCE. 

We  submit  herewith  the  following  suggestions  for  the  proper 
maintenance  and  operation  of  mercantile  establishments  and  all 
places  used  by  or  in  connection  with  them,  so  as  reasonably  to 
prevent  the  occurrence  and  spread  of  fire,  and  to  eliminate,  so 
far  as  possible,  the  danger  of  panic  in  the  event  of  fire: 


REPORT    OF    COMMISSION.  59 

1.  No  door,  window  or  other  opening  leading  to  or  serving  as  a 
means  of  egress  shall  be  locked,  bolted  or  fastened  against  egress, 
or  in  any  way  obstructed  during  business  hours. 

2.  All  means  of  egress,  including  stairways,  shall  be  maintained 
free  of  all  obstructions. 

3.  Aisles  throughout  the  building  shall  be  so  arranged  as  to  af- 
ford continuous,  safe,  unobstructed  passageways  on  each  floor  of 
the  building,  with  an  unobstructed  width  of  at  least  three  feet 
throughout  their  length,  leading  directly  to  every  means  of  egress, 
including  tire  escapes  and  passenger  elevators. 

4.  ~No  aisle  in  any  building  shall  be  reduced  in  width  in  the  di- 
rection of  the  exit. 

5.  ~No  obstruction  of  any  kind,  fixed  or  movable,  shall  be  allowed 
to  divide  or  block  the  aisles. 

6.  All  interior  rooms  in  such  a  building  used  as  workrooms,  and 
all  interior  rooms  in  which  there  are  more  than  25  persons  permit- 
ted, shall  have  at  least  two  means  of  exit  remote  from  each  other. 

7.  Packing  rooms,  where  inflammable  material  is  used,  shall  be 
enclosed  in  fireproof  partitions. 

8.  All  excelsior,  paper,  clippings  or  other  inflammable  material 
used  for  packing  purposes  shall  be  baled  and  stored  in  a  fireproof 
room,  and  all  loose  excelsior  in  use  in  packing  rooms  shall  be  kept 
in  approved  fireproof  bins. 

9.  Approved   fireproof  receptacles   shall  be  provided  through- 
out the  building  for  the  reception  of  waste  material  and  rubbish, 
and  waste  material  must  be  placed  therein. 

10.  Where  gas  or  kerosene  are  used  for  lighting  purposes  the 
lights  shall  be  placed  at  least  eighteen  inches  distant  from  inflam- 
mable stock,  and  shall  be  protected  by  wire  safety  cages.    No  mov- 
able Bracket  shall  be  permitted. 

11.  All  kitchens  or  bakeries  located  in  mercantile  establishments 
must  be  enclosed  in  fireproof  partitions,  and  separated  from  the 
rest  of  the  building  by  such  partitions. 


60  REPORT   OF   COMMISSION. 

12.  All  exits  shall  be  plainly  marked  by  means  of  a  red-lighted 
sign,  and,  in  addition,  throughout  the  floor  area  there  shall  be  red- 
lighted  index  signs  showing  the  most  direct  path  to  the  various 
exits. 

13.  Where  there  are  different  floor  levels  in  any  building  or 
group  of  buildings  used  as  a  mercantile  establishment  the  connec- 
tion between  the  floor  levels  shall  be  by  means  of  gradients  having 
a  non-slipping  surface. 

14.  All  stairways  which  are  not  adequately  lighted  by  natural 
light  shall  be  provi  ded  with  artificial  light. 

REGULATIONS  OF  INDUSTRIAL  BOARD. 

We  believe,  however,  that  the  foregoing  detailed  requirements 
should  not  be  enacted  in  the  form  of  laws,  but  rather  that  they 
should  be  adopted,  with  such  modifications  as  may  be  deemed  ad- 
visable, in  the  form  of  regulations  by  the  Industrial  Board. 

This  will  carry  out  the  legislative  intent  that  was  expressed  when 
the  Industrial  Board  was  created  at  the  last  session  of  the  Legisla- 
ture— that  is,  that  the  Legislature  should  enact  broad  general  re- 
quirements for  safety  in  buildings  used  as  factories  or  for  mercan- 
tile purposes,  leaving  it  to  the  Industrial  Board,  'after  a  hearing  of 
all  the  parties  in  interest,  to  make  detailed  requirements,  which 
may  be  modified  as  occasion  may  require. 

CONSTRUCTION  OF  MERCANTILE  ESTABLISHMENTS. 

The  Commission  is  not  prepared  at  this  time  to  make  any  defi- 
nite recommendations  for  changes  in  the  construction  of  existing 
mercantile  establishments.  When  the  facts  that  have  been  col- 
lected in  the  course  of  our  investigation  have  been  properly  cor- 
related, public  hearings  and  conferences  should  be  held,  at  which 
owners  of  department  stores,  fire  experts  and  those  of  the  public 
interested  in  this  problem  may  express  their  views  arid  suggestions 
as  to  the  proper  kind  of  requirements  that  should  be  made.  The 
matter  is  one  of  considerable  importance,  and  should  be  disposed  of 
only  after  the  most  careful  consideration. 


REPORT    OF    COMMISSION.  61 

We  submit  herewith  the  following  suggestions  that  we  have  under 
consideration  for  proper  and  adequate  exit  facilities  in  existing 
mercantile  establishments : 

1.  All  vertical  openings  between  floors  3hall  be  enclosed  in  fire- 
proof partitions,  and  all  openings  from  these  enclosures  to  the  va- 
rious floors  shall  be  protected  by  self-closing,  fire-proof  doors  or  win- 
dows.    (For  definition  of  fireproof  partitions  see  the  Factory  Law. 
Vertical  openings  include    rotundas,  wells,    stairways,    elevators, 
package  chutes,  light  shafts,  belt  openings,  pipe  and  duct  shafts, 
hoist  ways,  etc.) 

2.  From  every  floor  of  every  building  used  as  a  mercantile  es- 
tablishment there  shall  be  at  least  two  standard  means  of  exit  re- 
mote from  each  other.     A  standard  means  of  exit  shall  be  consid- 
ered an  enclosed  fireproof  stairway  (see  Factory  Law)  ;  or  a  smoke- 
proof  tower;  or  a  horizontal  exit;  or  an  exterior  screened  stairway 
when  one  of  the  three  foregoing  types  of  exit  is  present  in  the 

building. 

• 

3.  All  required  stairways  shall  extend  continuously  from  the 
floors  which  they  serve  to  the  street;  or  to  a  fireproof  passageway 
independent  of  other  means  of  exit  from  the  building,  and  opening 
on  a  road  or  street ;  or  to  an  open  area  affording  unobstucted  pass- 
age to  a  road  or  street. 

4.  Each  floor  below  the  street  level  used  for  purposes  of  the 
business,  in  any  mercantile  building,  shall  have  at  least  two  stand- 
ard means  of  exit  remote  from  each  other,  leading  directly  to  the 
street,  or  to  a  fireproof  passageway  or  vestibule  which  is  inde- 
pendent of  other  means  of  exit  from  the  building  and  opens  on  the 
street. 

5.  All  doors  in  buildings  used  for  mercantile  purposes  shall  open 
outwardly,  or  be  double  swinging  doors. 

6.  Doors  from  all  interior  rooms  which  are  used  as  workrooms, 
or  from  any  interior  rooms  where  more  than  five  persons  are  permit- 
ted, shall  open  outwardly  or  be  double  swinging  doors. 

7.  No  revolving  doors  shall  be  allowed  at  any  entrance. 


62  REPORT    OF    COMMISSION. 

8.  The  width  of  the  hallways,  vestibules  and  required  exit  doors 
leading  therefrom  to  the  street  shall  he  not  less  than  the  aggregate 
width  of  all  stairways  and  exits  leading  to  them. 

9.  Additional  exits  shall  he  provided  on  the  main  floor  of  mer- 
cantile establishments.     (It  is  on  this  floor  that  most  of  the  shop- 
ping is  done,  particularly  in  the  large  department  stores.) 

10.  The  Commission  also  has  under  consideration  a  plan  for  re- 
quiring the  number  of  exits,  both  from  the  ground  floor  and  from 
the  upper  floors,  to  be  based  upon  an  area  measurement  related  to 
the  occupancy  of  these  buildings,  thus  providing  really  adequate 
exit  facilities,  and  yet  placing  no  unnecessary  burden  upon  the 
owner.     Only  after  long  study  and  conference  with  merchants 
and  experts  can  a  definite  recommendation  as  to  this  be  made  to 
the  Legislature. 

For  the  future  construction  of  mercantile  establishments  the 
Commission  has  under  consideration  also  a  requirement  to  limit 
the  open  floor  area  between  fire  walls  to  25,000  square  feet.  In 
Boston  such  floor  area  is  limited  to  20,000  square  feet;  in  Chicago 
it  is  limited  to  30,000  square  feet  in  sprinkled  and  25,000  square 
feet  in  non-sprinkled  department  stores,  and  in  Philadelphia  to 
25,000  square  feet. 

All  of  the  foregoing  tentative  suggestions  should  be  submitted 
to  the  different  interests  involved,  and  carefully  discussed  and  con- 
sidered, after  full  hearings  are  had,  before  any  final  action  is  taken 
on  them. 

MISCELLANEOUS  MATTERS. 
Report  on  Binghamton  Fire. 

On  July  22,  1913,  the  State  was  shocked  by  the  occurrence  of  a 
disastrous  fire  in  a  factory  building  at  Binghamton.  The  follow- 
ing day  the  Assistant  Counsel  and  Fire  Prevention  Expert  of  the 
Commission  went  to  Binghamton  and  began  an  investigation  of  the 
fire  and  its  causes,  and  also  participated  in  the  inquest  that  was 
held  thereafter.  A  detailed  report  of  the  fire  was  made  by  Mr. 
J  ames  P.  Whiskeman,  the  Commission's  engineer.  This  report  is 


REPORT    OF    COMMISSION.  63 

annexed  hereto,  and  made  a  part  hereof,  and  marked  Appendix  VII. 
Our  engineer  also  inspected  a  large  number  of  factory  buildings  in 
IJiiighanitnn.  II is  detailed  report  thereon,  together  with  his  rec- 
onmicMiduhniis  for  changes  in  maintenance  and  construction,  were 
submitted  to  the  authorities  charged  with  the  responsibility  for  safe 
factory  conditions. 

It  is  the  opinion  of  the  Commission  that  if  the  laws  passed  at  the 
last  session,  as  a  result  of  its  recommendations,  had  been  in  opera- 
lion  and  had  been  properly  enforced,  no  such  catastrophe  as  that 
which  occurred  in  Binghamton  could  have  taken  place. 

"  Night  Work  for  Women  "  Case. —  One  of  the  laws  recom- 
mended by  the  Commission,  enacted  at  the  last  session  of  the 
Legislature,  provided  that  ki  In  'order  to  protect  the  health  and 
morals  of  females  employed  in  factories,  by  providing  an  adequate 
period  of  rest  at  night,  no  woman  shall  be  employed  or  permitted 
to  work  in  any  factory  in  this  State  before  six  o'clock  in  the  morn- 
ing or  after  ten. o'clock  in  the  evening  of  any  day." 

In  the  case  of  the  People  vs.  Williams,  189  N.  Y.  131,  decided 
1907,  the  Court  of  Appeals  held  a  statute  unconstitutional  which 
prohibited  night  work  of  women,  as  being  an  unwarranted  inter- 
ference with  an  adult  woman's  freedom  of  contract.  As  stated  in 
our  last  report,  we  believe  that  the  present  law  differs  materially 
from  that  which  was  under  consideration  by  the  court  in  the  Wil- 
liams case.  Furthermore,  the  facts  and  testimony  that  are  set 
forth  in  our  report  show  conclusively  that  the  measure  is  a  health 
measure,  and  as  such  is  a  reasonable  exercise  by  the  State  of  the 
police  power  for  the  preservation  of  the  health  and  well  being  of 
its  citizens. 

It  was  recognized  that  it  was  important  to  select  a  test  case  that 
would  present  all  of  the  material  facts  to  the  court  for  considera- 
tion. Accordingly,  in  co-operation  with  the  Commissioner  of 
Labor,  a  case  was  prepared  and  is  now  pending  in  the  lower  courts. 
We  believe  that  the  change  in  the  trend  of  judicial  decisions,  the 
change  in  the  present  statute,  and  the  evidence  gathered  by  the 
Commission,  will  lead  the  Court  of  Appeals  to  sustain  the  constitu- 
tionality of  the  statute  when  it  comes  before  it  for  determination. 


64  REPORT    OF    COMMISSION. 

Amendment  to  Greater  New  York  Charter,  in  Relation  to  the 
Preventing  of  Fires. 

Some  question  having  arisen  concerning  the  respective  jurisdic- 
tion of  the  Labor  Commissioner  and  the  Fire  Commissioner  over 
the  fire  hazard  in  factory  buildings  in  New  York  city,  we  are 
submitting  herewith  a  bill  to  remove  any  ambiguity  that  may 
exist  in  the  present  law.  This  bill  has  been  approved  by  the 
State  Department  of  Labor  and  the  Fire  Department  of  New  York 
city. 

.  All  of  which  is  respectfully  submitted,  this  14th  day  of  Febru- 
ary, 1914. 

ROBERT  F.  WAGNER; 

Chairman. 
ALFRED  E.   SMITH, 

Vice-Chairman. 
CHARLES  M.  HAMILTON, 
EDWARD  D.  JACKSON, 
CYRUS  W.  PHILLIPS, 
SIMON  BRENTANO, 
ROBERT  E.  DOWLING, 
MARY  E.  DREIER, 
SAMUEL  GOMPERS, 

Commission. 
FRANK  A.  TIERNEY, 

Secretary. 
ABRAM  I.  ELKUS, 

Chief  Counsel. 
BERNARD  L.  SHIENTAG, 

Assistant  Counsel. 


APPENDIX  I. 


REPORT    OF    THE    DIRECTOR    OF    INVESTIGATION 

ON   THE 

CONFECTIONERY  INDUSTRY  IN  NEW  YORK   CITY. 


[65] 


INTRODUCTION. 

In  1911,  the  New  York  State  Factory  Commission  was  author- 
ized to  investigate  conditions  of  safety  in  manufacturing  plants 
and  to  recommend  laws  securing  improvements  therein.  The 
next  year  it  was  continued  to  examine  further  into  questions  of 
sanitation.  In  1913,  its  powers  were  extended  "  to  inquire  into 
the  wages  of  labor  in  all  industries  and  employments  .  .  . 
and  into  the  advisability  of  fixing  minimum  rates  of  wages  or  of 
other  legislation  relating  to  the  wages  or  conditions  of  labor." 
To  perform  this  function  the  Commission  was  granted  the  power 
to  subpoena  witnesses  and  to  require  the  production  of  books  and 
papers  pertaining  to  the  investigation. 

On  September  15,  1913,  offices  were  secured  and  soon  after  a 
force  of  twelve  investigators  and  four  clerical  helpers  was 
engaged.  Four  agents  were  subsequently  assigned  from  the  State 
Labor  Department,  and  several  students  and  volunteer  workers 
have  helped  so  far  as  their  time  would  permit.  Various  wel- 
fare and  trade  societies  have  materially  assisted  in  gathering 
information. 

Even  with  this  assistance,  the  Commission  could  not  possibly 
investigate  all  employees  in  all  factories  and  stores  throughout 
the  state  within  the  six  months  at  its  disposal.  It  was  advised  by 
students  of  economics  and  statistics  to  select  certain  trades  in 
which  wages  were  reported  to  be  low,  and  to  study  these  in  some 
detail.  Upon  the  basis  of  recent  reports,  four  lines  were  selected 
which  are  well  represented  by  establishments  throughout  the 
state,  namely :  confectionery,  paper  boxes,  men's  shirts  and  retail 
stores.  These  businesses  employ  large  numbers  of  women  and 
the  employees  are  for  the  most  part  unorganized. 

The  method  employed  was  to  copy  from  the  pay-roll  for  the 
current  week,  the  receipts  of  every  person,  noting  rate,  time 
worked,  additions  or  deductions  and  net  earnings.  In  several 
thousand  cases  it  was  possible  to  obtain  such  data  for  a  year. 
The  number  of  employees  and  the  total  wages  paid  each  week 

were  also  taken. 

[67| 


68  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 

A  second  line  of  inquiry  was  started  by  obtaining  from  each 
employee  a  card  showing  his  or  her  age,  nativity,  conjugal  con- 
dition, particular  work,  length  of  time  employed  and  whether  or 
not  living  at  home.  This  was  followed  up  in  over  a  thousand 
cases  by  personal  interviews  which  sought  to  learu  in  detail  the 
past  industrial  experience  and  present  working  conditions  of  the 
employee,  as  well  as  his  or  her  schooling,  family  connections  and 
standard  of  living. 

The  last  branch  of  the  investigation  consisted  of  an  interview 
with  the  employers  or  responsible  managers.  This  dealt  with  the 
general  conditions  and  tendencies  of  the  trade,  hours,  seasons, 
changes,  etc.  Methods  of  securing  and  promoting  help,  wage 
payments,  fines  and  extras,  pensions,  welfare  and  general 
efficiency,  were  discussed.  In  some  cases  the  firm's  books  were 
thrown  open  to  an  accountant  for  the  purpose  of  analyzing  rela- 
tive costs  and  revenues. 

The  investigation  has  now  been  completed  for  New  York  City 
and  the  results  for  two  industries  have  been  tabulated.  More 
than  360  establishments  were  scheduled  and  returns  for  more 
than  88,000  workers  obtained.  Two- thirds  of  this  material 
remains  to  be  tabulated  and  analyzed  —  a  task  which  will  require 
an  enlarged  office  force  for  three  months  longer. 

So  far  the  work  of  this  investigation  has  cost  about  $13,000. 
At  least  $7,500  will  be  required  to  complete  it,  without  attempt- 
ing further  investigation  up-state.  It  would  be  unfortunate  to 
allow  material  already  collected  to  remain  unpublished  or  to  close 
the  survey  without  considering  other  communities  than  New 
York  City. 


THE  CONFECTIONERY  TRADE  IN  NEW  YORK  CITY. 


United  States. 

New  York 
State. 

New  York 
City. 

Number  of  establishments  

1  944 

249 

127 

Average  number  wage  earners  
Total  annual  wages  
Amount  of  capital  
Cost  of  materials 

44,638 
$15,615,000 
68,360,000 
81   151  000 

8,570 
$3,079,000 
11,702,000 
15  644  000 

6,522 
2,373,000 
9,030,000 
12  395  000 

Value  of  product  

134,  796  ',000 

25,540,000 

20,062,000 

APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  69 

Extent. —  According  to  the  census  of  1910,  during  the  preced- 
ing year,  there  was  produced  by  the  factories  in  the  United  States 
nearly  $185,000,000  worth  of  confectionery  —  more  than  seven 
pounds  at  twenty  cents  for  every  man,  woman  and  child  in  the 
country.  Of  the  total  amount,  New  York  State  produced  nearly 
19  per  cent,,  while  15  per  cent,  was  manufactured  in  New  York 
City. 

Employees. —  The  Industrial  Directory*  for  1912  reported 
1,001  large  and  small  confectionery  and  ice  cream  manufactories 
throughout  the  state,  employing  more  than  12,000  persons,  three- 
fourths  of  whom  were  found  in  New  York  City.  To  these  we 
may  add  workers  engaged  in  chocolate  and  cocoa  establishments, 
which  brings  the  number  of  employees  engaged  in  these  related 
trades  in  Greater  New  York  above  10,000.  Nearly  half  of  these 
are  women. 


NEW  YORK  STATE. 

NEW  YORK  CITY. 

Confectionery. 

Cocoa. 

Confectionery. 

Cocoa. 

Factories  . 

1  ,001 

10 

758 

7 

Office  force  
Shop  men,  16-K  years  
Shop  hoys,  14  to  15  years  
Shop  women,  16+  years.  
Sli.>p  jrirls,  14  to  15  years  

Total  employees  

553                   62 
5,520                 503 
45                      3 
5,755                 264 
297   ;                  1 

421 
4,232 
35 
4,432 
256 

51 
425 

169 

1 

12,170 

833 

9,376   ;               646 

Growth. —  The  growth  of  the  confectionery  trade  in  this  coun- 
try has  been  very  rapid  within  fifty  years.  The  census  of  1840 
first  designated  candy  making  as  a  separate  industry.  At  that 
time  the  output  for  New  York  State  was  valued  at  $386,000. 
During  the  next  ten  years  machines  were  introduced  and  the  out- 
put increased.  Abundance  of  cheap  sugar  more  than  doubled  the 
trade  between  1880  and  1890.  During  the  next  ten  years  im- 
proved labor-saving  devices  were  invented  and  some  of  the  larger 
factories  were  established.  By  1910  the  State  of  New  York  had 
fifty-one  plants  which  together  employed  6,800  wage  earners  and 

*  Published  by   the  New   York   State   Department    of    Labor, 


70  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 

turned  out  annually  products  valued  at  over  $21,000,000.  There 
is  a  tendency  for  such  large  incorporated  establishments  to 
increase.  Small  neighborhood  shops  are  no  longer  considered  in 
the  census. 

Classification. —  Candy  manufactories  may  be  divided  into 
three  groups  according  to  the  amount,  character  and  disposition 
of  their  product.  First,  are  the  neighborhood  shops  with  small 
equipments  for  turning  out  fresh  goodies  for  local  customers. 
Second,  are  the  establishments  that  sell  through  their  own  stores 
and  also  manufacture  specialties  for  the  trade.  Third,  are  the 
factories  that  turn  out  standard  and  cheap  goods  in  large  quanti- 
ties for  jobbers  and  dealers  only.  The  price  of  goods  and  the 
character  of  the  labor  employed  differs  considerably  between 
these  groups.  Because  of  the  difficulty  in  reaching  many  em- 
ployees scattered  in  the  small  shops,  the  first  group  has  been 
omitted  in  this  investigation. 

Organization. —  The  organization  of  the  factories  also  depends 
upon  the  nature  of  the  product.  Besides  the  office  force,  shippers 
and  plant  help,  the  factory  proper  is  usually  specialized  into  as 
many  departments  as  the  importance  of  the  output  requires. 
Thus,  there  may  be  separate  units  for  making  chocolates,  bon 
bons  and  nougat,  or  batches  of  each  may  be  turned  out  in  one 
place.  Each  division  is  usually  under  a  foreman  with  a  super- 
intendent in  charge  of  the  entire  plant. 

•  Workers. —  In  local  factories,  employees  are  usually  obtained 
by  an  advertisement  in  the  papers  or  by  a  sign  on  the  door. 
Recommendations  are  required  for  the  more  responsible  positions, 
but  as  the  principal  qualifications  are  neatness,  steadiness  and 
strength,  no  special  training  is  demanded.  There  is  no  regular 
system  of  apprenticeship.  A  bright  young  helper  learns  by 
watching  and  practice  how  to  perform  an  operation.  He  is 
then  kept  at  this  work  and  advances  as  he  becomes  proficient  at 
it.  There  is  thiis  considerable  specialization  of  labor.  Foremen 
and  other  responsible  persons  are  generally  secured  by  promoting 
old  hands  who  have  had  good  experience  and  who  show  ability  to 
manage  people. 


APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  71 

Definition  of  Terms. —  The  term  "  confectionery  "  includes 
not  only  candy,  but  also  chewing  gum,  popcorn  cakes,  licorice, 
prepared  nuts,  sugar  pellets  and  materials  for  fine  pastry.  Cocoa 
products  have  been  added  in  this  survey  because  many  candy 
factories  make  chocolate,  and  many  chocolate  mills  turn  out  sugar 
confections. 

Chocolate  Making. —  The  process  of  making  chocolate  is  com- 
paratively simple  and  mechanical.  Cocoa  beans  are  roasted  and 
shaken  to  remove  the  shells.  The  nibs  are  then  ground  fine  and 
mixed  with  sugar  and  flavoring,  after  which  the  mass  is  poured 
into  moulds.  Men  do  the  machine  work ;  women  are  employed  to 
clean  and  wrap  ihe  cakes. 

Candy  Making. —  Candy  making  is  as  varied  in  process  as  the 
nature  of  the  product  requires.  Hard  candy  is  simply  sugar  or 
molasses  cooked  with  flavoring  material,  and  poured  into  moulds 
or  pulled,  shaped  and  cut.  This  is  practically  all  men's  work, 
requiring  some  mechanical  skill.  For  soft  candy  the  fondant,  or 
cream,  is  obtained  by  beating  cooked  syrup  in  machines  until  it 
is  light  and  pasty.  This  filling  is  then  poured  by  hand  or  machine 
into  starch  moulds  and  set  aside  to  harden.  The  cheaper  grades 
of  bon  bons  are  preserved  from  drying  out  by  being  immersed  in 
a  sugar  solution,  which  deposits  a  thin  layer  of  crystals  over  the 
surface.  Other  creams  are  coated  by  dipping  them  into  warm 
chocolate  or  other  flavored  pastes.  Chocolate  dipping  by  machine 
is  unskilled  work,  but  fork  and  hand  dipping  is  a  woman's  trade 
requiring  deftness  and  practice.  There  are  many  other  opera- 
tions, such  as  coating  Jordan  almonds  in  revolving  pans,  prepar- 
ing nuts  and  making  paste,  sorting  gums  and  much  miscellaneous 
floor  work. 

Character  of  Occupations. —  In  general,  it  may  be  said  that 
cooking,  or  "  making  "  candy  is  a  skilled  trade  in  the  hands  of 
men.  Machine  tending  which  requires  judgment  is  also  a  male 
occupation.  Packing  and  wrapping  require  deftness  and  an  eye 
for  effect,  which  have  made  them  distinctly  women's  lines.  But 
many  of  the  semi-skilled  workers,  both  male  and  female,  who  are 
put  at  various  tasks  as  the  demand  arises,  are  scarcely  to  be  dis- 


72  APPENDIX  1  —  OOHFECTIONEBY  INDUSTRY  IN  N.  Y.  CITY. 


tinguished  from  unskilled  laborers,  who  do  the  heavier  floor  work 
and  cleaning. 

Factories  Included. —  For  the  following  analysis  sixty-one 
factories,  employing  more  than  8,600  persons,  were  taken.  These 
range  in  size  from  6  to  857  employees,  and  include  three  choco- 
late mills,  four  chewing  gum  plants,  two  popcorn  factories  and 
fifty-two  places  where  candy  is  made.  This  number  comprises 
practically  all  the  larger  establishments  and  represents  the  work- 
ing conditions  of  over  80  per  cent,  of  the  persons  engaged  in  the 
local  trade. 

PERSONNEL. 

Of  all  persons  employed  in  local  confectionery  establishments, 
58  per  cent,  are  girls  and  women  —  a  much  larger  proportion 
than  in  most  industries.  The  following  table  shows  also  that 
nearly  three-fifths  of  the  females  are  under  twenty-one  years  of 
age.  Taking  factory  workers  alone,  the  proportion  of  girls  is 
still  greater.  Here  at  once  appear  two  reasons  for  low  pay- 
feminine  lack  of  aggressiveness  and  inexperience.  (Table  I  — 
Sex  and  Age.) 

TABLE    I  — SEX  AND  AGE. 
NCMBER  AND  PERCENT  OF  ALL  EMPLOYEES  IN  EACH  GROUP. 


TOTAL. 

MALE. 

FEMALE. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Total...  

AGE  GROUPS. 
14-15          

8,656 

100. 

3,636 

42. 

5,020 

58. 

279 
1,379 
2,002 
1,393 
1,110 
669 
581 
427 
556 
181 
52 
27 

3.3 
15.9 
23.1 
16.1 
12.8 
7.7 
6.7 
4.9 
6.4 
2.1 
.6 
.3 

22 
142 
522 
585 
623 
444 
384 
298 
421 
143 
47 
5 

—  .3 
1.6 
6. 
6.8 
7.2 
5.1 
4.4 
3.4 
4.9 
1.7 
.5 

257 
1,237 
1,480 
808 
487 
225 
197 
129 
135 
38 
5 
22 

3. 
14.3 
17.1 
9.3 
5.6 
2.6 
2.3 
1.5 
1.6 
.4 
—  .1 
.  3 

16-17  
18-20  
21—24 
25-29  '.'.'...'....  '.  
30-34  
35-39         .  .             .... 

40-44  
45-54  
55-64  '..... 
65+  
Not  given  

APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  "N.  Y.  CITY.  73 

As  to  nativity,  more  than  half  of  all  employees  were  born 
abroad.  Of  the  factory  hands,  nearly  54  per  cent,  are  foreign. 
Many  more  are  of  foreign  parentage,  but  for  these  the  returns 
are  incomplete.  Thirty-five  different  countries  are  represented. 
Table  II  shows  that  Italians  lead  all  immigrants  in  this  trade, 
especially  the  men,  who  number  half  the  entire  male  working 
force.  These  facts  may  suggest  another  reason  for  low  wages, 
namely,  workers  with  a  comparatively  low  standard  of  living. 
(Table  II  --  Nativity.) 

TABLE   II —  NATIVITY. 

ALL  EMPLOYEES. 


Males. 

Females. 

Both. 

Per  cent, 
of  all. 

Total  

3,636 

5,020 

8,656 

100. 

Native  

884 

3,095 

3,979 

46. 

Foreign  

2,674 

1,828 

4,502 

52. 

1  848 

1   372 

3  220 

37 

Russian  
German  

158 
213 

152 
39 

310 
252 

3.6 
2.9 

Austrian  
Hungarian    
Irish  
English  
French  

111 
91 
35 
31 

28 

56 
18 
49 
44 
13 

167 
109 
84 
75 
41 

1.9 
1.3 
.97 

.87 
47 

Other  foreign  

159 

85 

244 

2.8 

Not  given  

79 

97 

175 

2. 

Table  III  shows  the  distribution  of  native  and  foreign  em- 
ployees by  age  groups.  It  should  here  be  noted  that  young  per- 
sons of  native  birth  greatly  outnumber  foreign  minors.  This 
excess  is  due  to  the  presence  of  more  than  2,000  native  girls  — 
more  than  twice  the  number  of  young  women  from  abroad. 
Foreigners  in  the  trade,  therefore,  are  somewhat  older  than  the 
majority  of  native  workers.  Considering  factory  workers  alone, 
the  proportion  of  native  adult  males  is  less-  than  half  the  per- 
centage here  shown  for  all  departments,  while  the  ratio  of  females 
of  all  ages,  both  native  and  foreign,  is  correspondingly  higher. 
(Table  III,) 


74  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N".  Y.  CITY. 


TABLE  III  —  NATIVITY  BY  SEX  AND  AGE  GROUPS. 
NUMBER  AND  PERCENTAGES  OF  ALL  EMPLOYEES. 


TOTALS. 

AGE  GROUPS. 

14-15. 

16-20. 

OVER  21. 

NOT  GIVEN. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 

cent. 

Num- 
ber. 

Per 
cent. 

Num-  I    Per 
ber.    !  cent. 

Num- 
ber, 

Per 
cent. 

Totals...  /  Male.  .  . 
\  Female 

3,636 
5,020 

42. 

58. 

22 

257 

—  .3 
3. 

664 

2,717 

7.7 
31.4 

2,945 
2,024 

34. 
23.4 

5 
22 

—  ^3 

Native  .  .  /  Male.  .  . 
1  Female 

884 
3,095 

10.2 
35.8 

19 
203 

.2 
2.4 

231 
1,817 

2.7 
21. 

634 
1,062 

7.3 
12.3 

"l3 

"'.i 

Foreign  .  /  Male.  -  . 
1  Female 

2,674 

1,828 

30.9 
21.1 

2 
52 

.6 

416 
842 

4.8 
9.7 

2,254 
930 

26.1 
10.8 

2 
4 

Not            I"  Male.  .  . 
given    \  Female 

78 
97 

.9 
1.1 

1 

2 



17 
58 

.2 

.7 

57 
32 

.7 
.4 

3 

.  i 

Conjugal  condition  is  also  important  to  consider  in  connection 
with  wages,  because  it  indicates  the  number  of  individuals  who 
may  be  responsible  for  helping  to  support  a  family.  Single  per- 
sons often  contribute  toward  the  maintenance  of  others;  but  in 
the  case  of  married  people,  it  is  reasonably  certain  that  they  work 
to  keep  up  a  home.  We  should  expect  to  find  a  large  number 
of  unmarried  women  in  industry,  since  they  are  not  usually 
burdened  with  household  duties.  On  account  of  the  large  number 
of  young  girls  in  the  confectionery  trade,  we  find  that  75  per 
cent,  of  all  the  female  help  are  single.  We  should  also  expect 
to  find  married  men  predominant,  because  most  men  of  working- 
age  are  married. 

The  outstanding  feature  of  the  following  table  is  the  large 
number  of  unmarried  persons.  This  fact  suggests  that  because 
the  trade  is  served  in  the  main  by  young  women,  married  folks 
with  families  dependent  upon  their  earnings  cannot  readily  com- 
pete. (Table  IV.) 


Al'I'KMUX     I   -    -  (  'OM'K<  "I  IONF.RY  INDUSTRY   IN   N".   Y.    ClTY.    75 


TABLE    IV  —  CONJUGAL    CONDITION. 

NiMi!i;i:   AND   I'I:I;<'KNT  OK  AM, 


TOTAL. 

SINGLE. 

MARRIED. 

WIDOWED  OR 
DIVORCKD. 

NOT  GIVEN. 

Num- 
ber. 

Per 

cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 

cent. 

Num- 
ber. 

Per 
cent. 

Males  
Females  

3,636 
5,020 

42 

58  ! 

1,586 
3,779 

18.3 
43.7 

1,856 
683 

21  .  5 
7.9 

68 
261 

.8 
3. 

126 
297 

1.5 
3.4 

Both  

8,656 

100. 

5,365 

62. 

2,539 

29.4 

329 

3.8 

423 

4.9 

OCCUPATIONS. 

The  following  table  shows  the  distribution  of  all  employees  by 
sex  according  to  the  general  character  of  work  performed : 


Male. 

Female. 

Confectionery  workers  
Plant  help  (engineers,  etc.)  
Shipping  and  delivery  

2,503 
463 
411 

4,782 
43 
24 

Office  help  

203 

14 

138 
12 

Various  and  not  recorded  

42 

21 

Total.  ...           

3  636 

5,020 

AYe  shall  here  consider  primarily  those  persons  engaged  in  the 
processes  of  making  and  putting  up  confectionery  and  chocolate. 
The  plant  help,  shipping  force,  office  staff  and  others  will  be  con- 
sidered separately  in  following  sections  of  the  report.  Occa- 
sionally, however,  tendencies  in  the  trade  as  a  whole  will  be  noted. 

Apart  from  the  heat  of  cooking  and  the  drudgery  of  carrying 
things  about,  making  confectionery  is  not  a  very  strenuous 
industry.  That  is,  the  pace  is  not  so  hot  as  in  certain  needle 
trades,  nor  the  work  so  heavy  as  in  machine  and  tool-making. 
Piece  workers,  however,  are  kept  pretty  steadily  at  monotonous 
work  like  sorting  nuts.  Chocolate  dippers  are  subjected  to  a 
temperature  but  slightly  above  60  degrees;  and  floor  helpers  carry 
trays  from  warm  rooms  into  coolers.  But  the  figures  available 
for  sickness  and  death  show  workers  in  confectionery  as  a  whole 
to  be  healthier  than  the  average  for  their  age  and  sex.  The  mate- 


76  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  K.  Y.  CITY. 

rials  used  are  wholesome.  There  is  little  dust  except  from  the  starch 
moulds.  Most  dippers  and  packers  can  sit  at  their  work,,  and 
there  is  often  time  for  others  to  rest  between  batches. 

As  previously  remarked,  candy-making,  pan  work  and  operat- 
ing heavy  machines  are  men's  trades  requiring  some  skill.  Hand 
dipping  and  fancy  packing  are  analogous  lines  for  women.  But 
the  great  body  of  machine  and  hand  helpers  who  pick  materials 
and  clean  products,  who  mould  confections  and  carry  trays,  can 
scarcely  be  said  to  have  a  regular  trade.  Confining  the  enumera- 
tion to  those  engaged  in  manufacturing  processes,  the  following 
table  shows  the  number  of  persons  whose  occupations  are  given, 
classified  according  to  age  and  sex.  It  will  be  noted  that  there  is 
a  larger  proportion  of  young  persons  employed  in  factory  work 
than  in  other  departments  of  the  industry.  (See  Table  V.) 


C  O/N  F 


\i~.        OCCUPATION    B*   Aor£  Ar-inSe] 

NUMBER    AND  TtuceM-r  of  "FAOTOW.*  WORKERS. 


FonrnEN 

ArrD 

CA~O» 
MAK.KRS 

NAC.MIME 
OrERATORS 

aHaeS 

^"2" 

WRAPPERS 

senx~ 

SK.IV.I.EP 
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It  will  be  noted  that  nearly  two-thirds  of  the  operatives  are 
women,  and  that  comparatively  few  of  these  are  highly  skilled. 
The  brighter  girls  begin  as  wrappers  and  learn  to  be  fancy 


APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  77 


packers  or  try  to  become  dippers.  The  less  able  carry  trays  or 
sort  candy.  A  few  boys  who  begin  as  helpers  learn  to  run 
machines  and  to  make  candy.  But  the  majority,  after  acquiring 
a.  certain  dexterity,  stick  to  that  line  for  an  increase  in  rate,  or 
drop  out  of  the  industry.  Not  infrequently  older  people  unsuitcd 
for  very  heavy  work  drift  into  the  trade.  In  the  making  of 
chocolate,  chewing  gum  and  pop  corn,  the  operations  are  com- 
paratively few  and  mechanical,  so  that  little  training  is  required. 
As  might.  l>e  expected,  the  proportion  of  foreign  born  among 
the  unskilled  factory  workers  is  greater  than  their  quota  in  the 
industry  as  a  whole.  The  percentages  vary  in  different  plants, 
some  being  manned  almost  entirely  by  foreign  labor.  This  is 
particularly  true  of  chocolate  mills  and  factories  where  the 
cheaper  grades  of  confections  are  made.  On  the  other  hand  some 
of  the  most  skilled  candy  makers  are  foreigners.  The  following- 
table  shows  the  distribution  by  percentages  for  7,139  persons: 

TABLE    VI  —  OCCUPATIONS    BY    NATIVITY. 
PERCENT  OF  ALL  FACTORY  WORKERS. 


* 

Fore- 

Packers 

men 

Candy 

Machine 

Hand 

and 

Labor- 

Total. 

and  fore- 

makers. 

opera- 

dippers. 

wrap- 

Helpers. 

ers. 

women. 

tors. 

pers. 

Native  

46% 

3% 

1% 

-3% 

8% 

24% 

9% 

1% 

P'oreign  

54% 

2% 

3% 

1.7% 

5% 

11% 

28% 

3% 

Total  

100% 

5% 

4% 

2.    % 

13% 

35% 

37% 

4% 

RATES  OF  WAGES. 

Many  hand  dippers  and  fancy  packers,  and  also  a  few  less 
skilled  operatives  are  paid  on  a  piece  basis.  They  constitute 
about  12  per  cent,  of  all  workers.  For  these  no  rates  can  be 
given,  since  they  vary  with  the  character  of  the  product.  A  good 
dipper  will  turn  out  over  100  pounds  of  chocolates  per  day;  a 
deft  packer  will  put  up  more  than  150  one- pound  boxes  of  mixed 
bon  bons.  Sometimes  a  flat  rate  is  made  for  an  average  task, 
and  more  is  paid  in  proportion  to  output.  In  general,  however, 
fixed  time  rates  prevail  in  the  confectionery  trade.  These  are 
given  by  occupations  in  the  following  table.  The  cumulative 
per  cents,  show  the  proportion  which  the  sum  of  all  numbers  up 
to  a  given  point,  bear  to  the  total  of  the  group.  (Table  VII.) 


78  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  1ST.  Y.  CITY. 


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APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  79 


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H~      *»     T.t«     -ia    Mt«    -i«    »w«   »n*   »i« 

80  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 

The  figures  show  that  from  $8  to  $10  a  week  is  the  most  com- 
mon rate  for  male  workers,  and  that  $5  is  most  frequently  quoted 
for  women  and  girls.  The  majority  of  male  workers  may  expect 
to  receive  between  $8  and  $14 ;  most  girls  and  women  are  hired  for 
from  $5  to  $7.50.  More  than  half  of  all  men  and  boys  receive  less 
than  $10,  and  half  the  females  less  than  $6.  (Plate  A.) 

More  specifically,  the  prevailing  rates  for  foremen  are  fro.ni 
$16  to  $25,  and  for  forewomen,  from  $8  to  $13.*.  The  majority 
of  experienced  candy  makers  receive  from  $12  to  $18.  Good 
machine  operators  are  to  be  had  at  $11  to  $16.  Most  hand 
dippers  get  from  $5  to  $10,  the  better  ones  $8  and  over.  Packers 
and  wrappers,  who  constitute  the  bulk  of  female  employees, 
usually  receive  from  $5  to  $7 ;  while  the  great  mass  of  male 
helpers  range  from  $7  to  $12,  and  the  less  skilled  women  from 
$4'.50  to  $6.50. 

All  these  rates  vary  greatly  in  different  lines  of  work,  accord- 
ing to  the  kind  of  service  demanded.  Thus,  retailing  manufac- 
turers require  more  skilled  handworkers  than  those  who  make  for 
jobbers  only.  On  the  other  hand,  heavy  machinery  requires  more 
men  workers,  although  comparatively  few  of  them  need  be 
experienced  confectioners.  Either  on  account  of  the  grade  of 
goods  produced,  or  because  of  lower  costs  in  general,  the  wage 
level  for  Brooklyn  firms  as  a  whole  is  somewhat  lower  than  that 
for  the  New  York  establishments  of  the  same  class.  The  accom- 
panying graph  shows  the  relative  importance  of  five  dollar  wage 
groups  according  to  sex  in  each  main  division  of  the  industry. 
(Plate  B.) 

There  are  also  great  differences  in  wages  for  work  that  is 
apparently  the  same.  Some  firms  pay  consistently  25  per  cent, 
more  than  their  rivals  for  similar  operations.  For  instance,  in 
one  wholesale  candy  factory,  no  ordinary  male  laborer  receives 
as  much  as  $8  per  week ;  in  another  of  the  same  general  type, 
every  such  person  receives  over  $8.  In  the  former  plant  no 
female  packer  receives  as  much  as  $5.50  per  week,  nor  any  hand 
dipper  as  much  as  $8.  In  the  other  establishment,  the  majority 
of  women  workers  in  such  lines  exceed  these  rates.  These 

*  In  each  case  rates  for  the  middle  50%  employed  in  a  line  has  been  taken 
to  show  the  prevailing  tendency,  thus  omitting  extreme  instances. 


APPENDIX  I  —  CONFECTIONERY  IMHSTKY  IN  N.  Y.  CITY.  81 

divergencies  extend  to  machine  processes  of  identical  character. 
Difference  in  grade  of  product  may  in  part  explain  such  vari- 
ations; but  certain  factories  have  the  reputation  of  paying  wages 
considerably  below  or  above  current  rates. 

Ago  differences  may  sometimes  explain  such  divergencies. 
Naturally,  the  general  experience  and  the  steadiness  of  workers 
will  affect  their  rate  of  pay.  The  accompanying  graph  shows 
the  rate  of  payment  above  and  below  which-  half  of  all  employees 
in  each  age  group  are  found.*  (Plate  C.)  The  appended  table 
feivee  the  same  data  for  factory  workers  only.  It  will  be  noted 
that  in  their  case  the  middle  instances  range  below  the  positions 
plotted  for  all  employees.  The  majority  of  men  among  the  shop 
hands  never  reach  $13,  and  the  representative  women  cannot 
make  $7.50..  (Table  VIII.) 

TABLE  VIII. 

MK;>I.\.\    RATKS   BY  AGE  GROUPS  FOR  FACTORY  WORKERS  ACCORDING   TO   SEX. 


Age. 

Males. 

Females. 

14-15... 
16-17... 
18-20 

4.40 
6.20 
7.73 

4  .  32 
5.31 
6.10 

21-24.  . 
25-29.  .  . 
30-34.  .  . 
35-39... 
40-44 

9.39 
10.  -59 
11.80 
12.42 
12.56 

7.05 
7.24 
7.41 
6.35 
5.90 

45-54.  .  . 
55  64 

12.11 
12  18 

5.24 
5.46 

65  + 

12.50 

4  .  75 

It  will  be  noted  that  men  attain  their  maximum  rate  between 
the  ages  of  forty  and  forty-five;  women  between  thirty  and 
thirty-five  are  paid  highest.  The  rates  of  wages  for  adult  women 
as  a  whole  are  little  more  than  half  those  for  men  of  the  same 
age.  The  presence  of  so  many  unorganized  women  in  this 
industry  undoubtedly  has  a  tendency  to  hold  all  wages  down. 

To  sum  up  the  matter  of  rates  —  over  half  the  minor  male 
employees  are  paid  less  than  $7.50  a  week;  and  more  than  half 
the  adult  men  factory  workers  receive  less  than  $11.  More  than 
two-thirds  of  the  girls  under  eighteen  are  rated  below  $5.50; 
and  more  than  half  the  women  shop  hands  above  this  age  fail  to 
achieve  the  $0.50  rate.  So  much  may  suffice  to  indicate  the 
general  levels  of  wages  in  the  industry. 

*  The  middle  case  in  such  a  series  is  called  the  median,  and  furnishes  a  good 
type  to  show  the  central  tendency  of  a  group. 


82  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 


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APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  83 

ACTUAL  EARNINGS. 

A  more  important  matter  is  to  find  how  much  wage  earners 
actually  receive  for  their  labor.  To  determine  this,  our  investi- 
gators entered  the  amount  placed  in  the  pay  envelope  of  each 
employee  for  a  week  in  October  and  late  September,  1913.  This 
was  at  a  season  when  the  candy  industry  was  beginning  to  work 
full  time  and  take  on  additional  help  in  preparation  for  the 
Christmas  rush.  The  time  selected,  therefore,  was  one  showing 
the  trade  when  business  was  active  —  not  yet  quite  at  its  height, 
but  well  above  the  yearly  average.  Some  new  hands  were 
undoubtedly  being  broken  in,  but  the  regulars  were  also  begin- 
ning to  make  extra  time  or  larger  pay  on  increasing  piece  work. 
(Table  IX.) 

Table  IX  shows  the  number  of  persons  receiving  given  earn- 
ings according  to  sex  and  occupation  and  also  the  per  cent,  of 
each  sex  earning  up  to  and  including  the  specified  amounts.  At 
first  glance  this  distribution  appears  very  like  that  shown  in  the 
preceding  table  for  rates;  but  comparison  reveals  certain  differ- 
ences in  the  proportion  of  all  workers  who  fall  within  each 
income  group.  According  to  rates  quoted,  only  12.7  per  cent, 
of  the  employees  were  rated  under  $5.  But  according  to  actual 
earnings,  21.7  per  cent,  of  all  whose  receipts  were  noted  fell  below 
that  amount.  On  the  other  hand,  64.8  per  cent,  might  have  been 
expected  to  receive  more  than  $5  and  less  than  $10.  As  a  matter 
of  fact,  only  56.6  per  cent,  actually  received  sums  between  these 
amounts.  For  amounts  over  $10,  the  proportions  based  on  earn- 
ings are  also  slightly  lower  than  those  based  on  rates.  (See 
Plate  D.) 

The  reasons  for  this  falling  in  earnings  are  not  far  to  seek. 
The  better  paid  employees  are  salaried  persons  whose  income 
does  not  vary  greatly  on  account  of  slack  work  or  short  absences. 
On  the  other  hand  the  low  paid  employees  are  docked  for 
absence,  or  are  not  paid  the  full  amount  if  their  output  falls 
below  standard.  In  one  place  girls  are  not  paid  for  any  time  less 
than  one  week.  As  the  rates  are  low,  many  soon  become  discour- 
aged and  leave.  Thus  the  firm  gets  some  work  for  nothing. 


84  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N".  Y.  CITY. 


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APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  1ST.  Y.  CITY.  85 


PLATED. 


COMPARISON    OF    RATES   <±<jo-te.i>   A.MD 


I 


t PERCENT 


•RATE 


DAYS  WORKED. 

An  important  factor  in  determining  earnings  is  the  length  of 
time  worked.  Many  employees  received  less  than  the  prescribed 
rate  because  they  did  not  work  a  full  week.  The  following  table 
shows  the  days  credited  by  57  firms  to  5,837  factory  employees: 


86  APPENDIX  I  • —  CONFECTIONERY  INDUSTRY  IN  H.  Y.  CITY. 


TABLE   X  — DAYS    WORKED. 
NUMBER  AND  PERCENT  OF  FACTORY  EMPLOYEES. 


TOTAL. 

NUMBER  OF  PERSONS  WORKING  GIVEN  NUMBER  OF  DATS. 

Persons. 

Days. 

—  1 

1 

2 

3 

4 

r 

6 

7 

Average 
days. 

Male  
Female  

Total  
Per  cent,  of  to 

1,916 
3,921 

10,963 
21,591 

i 

22 
108 

21 
52 

22 
103 

52 
172 

219 

531 

750 

1,530 
2,952 

50 
2 

52 

5.57 
5.50 

5,837 

32",  554 

1 

130 

73 

125 

224 

4,482 

5.54 

tal  workers  

2.2 

1.3 

2.1 

3.8 

12.8 

76.7 

.9 

It  will  be  seen  that  while  77  per  cent,  of  the  persons  recorded 
worked  a  full  week,  the  rest  lost  time  sufficient  to  make  the 
average  for  all  a  little  over  five  and  a  half  days.  Eeasons  for 
absences  are  not  recorded,  so  we  do  not  know  if  they  were  due  to 
illness  or  to  celebrations.  Nearly  1,000  female  employees  lost  a 
day  or  more.  On  the  other  hand,  fifty  men  and  two  women 
worked  an  extra  day,  or  were  credited  with  that  much  overtime. 
Engineers  and  mechanics  very  often  make  repairs  on  Sunday. 
In  some  cases  employees  do  cleaning  or  watch  the  completion  of 
some  process  on  the  Sabbath.  In  one  establishment  a  man  was 
registered  as  a  candy-maker  for  six  days  and  as  a  watchman  on 
the  seventh. 

HOURS. 

Practically  all  factories  run  from  50  to  60  hours  a.  week,  allow- 
ing the  legal  54  hours  for  women  and  for  boys  under  18  years, 
and  48  hours  for  children  under  16.  A  few  plants,  however, 
frankly  admit  to  exceeding  these  limits  for  young  persons  and 
female  workers.  In  the  busy  season  men  are  often  kept  an  hour 
or  two  at  night  three  times  a  week  or  every  dayi 

The  usual  daily  hours  are  10  for  men,  9  for  women  and  8  for 
children.  Most  firms  (38  out  of  56  reported)  allow  one  short 
day  a  week.  This  varies  from  5  hours  to  8  or  9.  In  the  majority 
of  cases,  30  minutes  is  given  for  lunch.  In  only  16  places  is  an 
hour  allowed  for  women  and  children.  In  19  factories  lateness 
is  fined  at  varying  rates  —  a  half-hour's  pay  for  tardiness  of  5 
or  10  minutes  being  specified  in  5  cases. 

The  hours  actually  worked  in  the  week  selected  for  taking 
wage  payments,  are  here  shown  for  factory  workers  in  57  plants. 


x   I  CONFECTIONERS  INDUSTRY  IN  N".  Y.  CITY.  87 


In  many  cas(K  the  hours  were  obtainable  only  by  consulting  UHJ 
slips  or  sheets  from  the  time  clock.  In  few  places  was  entry 
made  of  lion  is  for  piece  workers.  (Table  XL) 

TABLE   XI  — HOURS   PER   WEEK. 
NTMBER  AND  PERCENT  OF  FACTORY  WORKERS  BY  AGE  AND  SEX. 


Totals. 


AGES. 

14-15. 

16-17. 

18  AND  OVER. 

TOTALS 

PER  CENT.  OF 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

All 

males. 

All  fe- 
males . 

13 

219 

74 

1,013 

2,152 

2,865 

2,239 

4,097 

100 

100 

OURS. 

aiider  
inc.  54  ... 
inc.  60  ... 
inc.  60   ... 
inc.  72  ... 

11 
1 
1 

192 

27 

18 
23 
25 
3 
4 
1 

298 
694 
7 
13 
1 

156 
257 
1,216 
277 
195 
51 

655 
2,134 
48 

7 
21 

185 
281 
1,242 
280 
199 
52 

1,145 
2,855 
55 
20 
22 

8.3 
12.5 
55.4 
12.5 
8.9 
2.3 

27.9 
69.6 
1.3 
.5 
.5 

It  will  be  noted  that  according  to  these  entries  during  one 
week,  76  women  and  21  girls  worked  more  hours  than  allowed 
by  law;  29  children  exceeded  48  hours,  and  34  males  under  18 
years  went  over  the  54-hour  limit.  The  following  table  shows 
the  actual  amount  of  overtime.  In  computing  this,  the  full  time 
for  men  according  to  the  usage  of  the  factory  was  taken  as  a 
basis  for  counting  extra  hours  for  males  over  18 ;  for  women  and 
minors,  the  limit  fixed  by  law  was  used.  These  facts  were  noted 
in  53  plants  employing  4,232  persons,  about  equally  divided  as 
to  sex.  (Table  XII.) 

TABLE   XII  — PERSONS   WORKING    OVERTIME. 
NUMBER  AND  PERCENT  OF  FACTORY  WORKERS  NOTED. 


Male  .  . 
Female  .  . 

Total 
persons. 

HOURS  OVERTIME. 

—  1 
hr. 

1 

2 

3 

4 

5 

6 

7-9 

10-12 

13-15 

16-18 

19  + 

628 
61 

31 

64 
11 

83 
33 

33 
3 

31 

71 
1 

35 
6 

98 
4 

121 
3 

43 

7 

11 

Both  

689 

31 

75 

116 

36 

31 

72 

41       102 

124!       43 

7 

11 

Percent. 

of  all    . 

100.0 

4.5 

10.9 

16.8 

5.2 

4.5 

10.4 

5.9 

14.8 

18.0 

6.2 

1.0 

1.6 

88  APPENDIX  I  —  CONFECTIONEKY  INDUSTRY  IN  N.  Y.  CITY. 

From  these  figures  we  calculate  that  nearly  4,400  hours  over- 
time was  worked  in  one  week  by  the  persons  noted.  The  men  aver- 
aged about  6.5  hours;  the  women  rather  less  than  half  that  num- 
ber (3.1  hours).  This  time  is  ordinarily  paid  for  at  the  usual  rate. 

Obviously  there  are  more  hours  lost  than  worked  overtime  dur- 
ing the  course  of  a  year.  The  changing  seasonal  demand  for  candy 
and  the  perishable  character  of  the  finer  confections  explain  some 
fluctuations  in  working  time.  Moreover,  during  the  hot  months  it 
is  difficult  to  manipulate  sticky  masses  of  melted  sugar.  A  few 
factories  run  only  part  time  in  the  summer. 

SEASONAL  FLUCTUATIONS. 

The  yearly  rise  and  fall  of  the  local  confectionery  trade  is 
plotted  on  the  accompanying  chart.  It  shows  that  for  the  45  firms 
in  the  confectionery  industry  that  were  in  operation  throughout 
the  year  considered,  the  maximum  number  of  employees,  in  the 
middle  of  November,  1912,  was  over  8,500.  The  minimum  number 
employed,  in  the  first  part  of  July,  1913,  was  about  6,300.  The 
annual  displacement  of  workers  amounted,  therefore,  to  nearly 
26  per  cent,  of  the  full  quota.  (See  Chart  E.) 

As  for  wage  payments,  shown  on  the  chart  by  the  dotted  lines, 
'he  difference  week  by  week  was  much  greater,  as  is  also  tr  e  of 
the  extreme  fluctuations.  The  maximum  amount  paid  as  wages 
in  any  one  week  occurred  during  the  middle  of  December,  1912, 
$70,000,  and  the  minimum  during  the  first  week  of  January, 
1913,  $45,000,  or  a  drop  of  36  per  cent. 

The  chart  also  shows  very  strikingly  the  drops  in  wages  paid 
during  weeks  that  include  a  holiday.  Thus,  in  the  fall  of  1912, 
there  are  instances  of  decreases  of  total  wages  even  while  the  total 
number  of  employees  is  increasing.  There  is  a  drop  in  the 
total  wages  paid  for  the  fifth  week,  owing  to  Columbus  Day,  gen- 
erally observed  by  Italian  workers  who  form  an  important  ele- 
ment in  the  personnel  of  the  industry ;  a  sharper  drop  for  the  ninth 
week,  owing  to  Election  Day;  and  a  very  large  decrease  for  the 
twelfth  week,  which  includes  Thanksgiving  Day,  which  is  taken 
advantage  of  by  many  workers  to  rest  until  the  following  Monday. 
The  largest  reduction  both  in  number  of  employees  and  in  wages 
paid  occurs  during  the  Christmas  season.  Decoration  Day,  in  the 


.  89 

labor 
7  ap- 
inm- 


i  the 
iring 
ntire 
that 
lents 
yy  oi 
ent. ) 
cent, 
than 


ative 
.  of  all 


19.4 
40.7 
53.5 
60.5 
66.6 
69.9 
72.9 
74.9 
76.9 
78.6 
80.0 
81  .4 
83.1 
100. 


100. 


tarily 
erage 
shift- 


88  APPENDIX 


From,  these  : 
time  was  worke 
aged  about  6.5 
ber  (3.1  hours) 

Obviously  th( 
ing  the  course  o 
and  the  perishar 
fluctuations  in  ^ 
is  difficult  to  m 
factories  run  on 

The  yearly  r 
plotted  on  the  ac 
in  the  confectioi 
the  year  conside 
middle  of  Govern 
employed,  in  the 
annual  displacen 
26  per  cent,  of  th 

As  for  wage  pi 
'he  difference  we 
the  extreme  fluct 
in  any  one  week 
$70,000,  and  the 
1913,  $45,000,  or 

The"  chart  also 
during  weeks  that 
there  are  instances 
number   of   emplo 
total  wages  paid  f< 
erally  observed  bj 
ment  in  the  person: 
week,  owing  to  El 
twelfth  week,  whi( 
advantage  of  by  mi 
The  largest  reducti 
paid  occurs  during 


APPENDIX  I  —  QONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  89 


thirty-eighth  week;  July  4th,  in  the  forty-third  week;  and  Labor 
Day,  in  the  52nd  week,  of  the  calendar  year  charted,  all  show  ap- 
preciable decreases  in  wage  payments,  even  though  the  total  num- 
ber of  employees  remains  the  same  or  is  actually  increasing. 

SHIFTING. 

The  fluctuation  of  the  confectionery  trade  at  once  suggests  the 
query  as  to  steadiness  of  employment.  Many  persons  work  during 
the  busy  season  only,  and  comparatively  few  remain  the  entire 
year.  The  data  on  which  the  following  table  is  based,  show  that 
of  3,138  workers  appearing  on  the  payrolls  of  10  establishments 
within  a  year,  only  629,  or  20  per  cent.,  had  been  in  the  employ  oi 
the  firms  for  more  than  10  months.  Only  530  (16.9  per  cent.) 
had  been  steadily  employed  from  49  to  52  weeks.  Sixty  per  cent, 
were  engaged  3  months  only,  and  more  than  40  per  cent,  less  than 
5  weeks.  (Table  XIII  and  Plate  F.) 

TABLE  XIII. 
NUMBER  AND  PER  CENT.  OF  EMPLOYEES  WORKING  GIVEN  WEEKS  IN  A  YEAR. 


WEEKS  WORKED. 

Males. 

Females. 

Both. 

Cumulative 
per  cent,  of  all 

0-1  
2-4              

160 

220 

447 

447 

607 
667 

19.4 
40.7 

5-8  
0-1°            

133 

88 

267 
131 

400 
219 

53.5 
60.5 

13-16                   

88 

105 

193 

66.6 

17-20           

36 

69 

105 

69.9 

21-24                      

38 

55 

93 

72.9 

25-28  
29-32  
:«-3t;  
37-40  
41-44  

26 
22 
26 
15 
22 

38 
42 
27 
29 
23 

64 
64 
53 
44 
45 

74.9 
76.9 
78.6 
80.0 
81.4 

45    IS  
49  59 

14 
294 

40 
236 

54 
530 

83.1 
100. 

Totals  

1,182 

1,956 

3,138 

100. 

A  similar  analysis  for  factory  workers  only,  shows  them  to  be 
slightly  more  temporary  than  the  foregoing  data  indicate.  Girls 
are  more  numerous  and  less  permanent  in  tenure  than  men.  Vol- 
untary vacations  play  a  very  small  part  in  the  year's  employment, 
since  most  factories  don't  give  them  to  ordinary  shop  hands. 

The  factories  from  which  these  records  were  taken  ordinarily 
employ  from  719  to  1,390  people  according  to  season.  The  average 
forces  amount  to  about  953.  The  extent  and  rapidity  of  the  shift- 
ing is  therefore  at  once  apparent. 


90  APPENDIX  I  —  CONFECTION  EBY  INDUSTRY  IN  N.  Y.  CITY. 


PLATE  F 


KlUfvncft        OF        we.fc.tAs 


ANNUAL  EARNINGS. 

For  those  who  had  worked  steadily,  the  earnings  for  every  week 
during  a  year  were  tabulated.  The  records  in  many  establishments 
did  not  admit  of  tracing  the  entire  working  force  for  a  period  of 
12  months.  In  the  cases  of  12  firms  this  was  possible,  and  from 
payrolls  including  1,528  factory  hands  employed  at  the  time  of 
the  investigation,  571  persons  were  selected  who  had  worked  for  a 
period  of  at  least  10  months,  during  the  preceding  year.  Their 
actual  annual  earnings  for  this  period  varied  from  below  $200 
to  over  $1,600.  The  men  centered  at  about  $550;  the  women  be- 
tween $300  and  $350.  (Table  XIV.) 


APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  91 


.       .  I  OTAI_/\NNWAU    E- AP.Nirv&s    »a  OCCUPATION    AND   S«>. 
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92  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 


Upon  this  basis,  the  median  weekly  income  for  men  would  be 
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87.i 

99.5 

lt.    -I9.« 

4 

I 

I 

5 

1 

904 

2Ja 

ao.   -24.99 

5 

/ 

3 

8 

1 

94.T 

100. 

30.    -34.99 

1 

| 

5 

97.3 

35.    -39.,, 

5 

5 

100. 

40.    -,«,,« 

Comparing  these  figures  with  the  actual  earnings  of  persons  in 
the  same  establishments  during  a  week  in  October,  1913,  we  find 
that  the  annual  averages  are  somewhat  higher.  It  must  be  re- 
membered, however,  that  the  persons  on  the  payrolls  for  a  year 
are  the  better  employees  whose  skill  or  steadiness  has  led  the  firms 
to  retain  them.  The  proportion  of  foremen,  candymakers  and  bet- 
ter paid  operatives  taken  is,  therefore,  much  higher  than  their  usual 
quota  in  the  establishments.  Their  average  would  naturally  be 
above  those  of  their  fellows  who  were  soon  replaced.  The  totals 
are,  accordingly,  about  11  per  cent,  above  the  general  level  of  in- 
come, without  allowing  for  time  lost  by  those  not  steadily  em- 


APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  93 

ployed.     Moreover,  the  level  of  wages  in  the  establishments  taken 
was  slightly  higher  than  that  in  the  trade  as  a  whole. 

It  is  important  here  to  note  that  annual  wages  for  these  same 
persons,  when  calculated  as  52  times  their  average  weekly  earn- 
ings, range  about  $50  below  their  income  when  computed  as  52 
times  their  last  rate  of  payment  But  we  have  just  remarked  that 
these  are  the  steadier  and  better  paid  employees.  It  is,  therefore, 
manifestly  unfair  to  estimate  the  income  of  employees  from  rates 
quoted  for  steady  workers. 

EXPERIENCE. 

Table  XVI  shows  the  correlation  between  age  and  experience 
for  both  sexes.  Evidently  most  males  work  pretty  steadily,  from 
the  age  when  the  law  allows.  The  women,  too,  are  wage-earners 
until  about  30,  when  domestic  cares  doubtless  claim  the  energies 
of  most.  They  then  rapidly  withdraw,  until,  after  middle  age, 
incapacity  on  the  part  of  the  principal  wage-earner  or  other  family 
necessity  sends  some  back  into  industry,  for  perhaps  10  years 
longer.  Then  they  rapidly  drop  out. 

Experience  in  the  confectionery  industry  follows  the  same  gen- 
eral course,  save  that  the  time  in  this  trade  is  shorter  —  roughly, 
half  the  working  years  —  showing  conclusively  that  many  of  the 
older  workers  had  been  engaged  in  other  lines  before  taking  up 
their  present  occupation.  A  similar  statement  applies  to  time 
with  the  firm  where  found.  Most  seasoned  confectionery  workers 
had  had  about  half  their  experience  elsewhere.  (Table  XVI.) 


94  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  E".  Y.  CITY. 


TABLE  XVI  —  YEARS  EXPERIENCE  (MEDIANS)  BY  AGE. 

ALL  EMPLOYEES. 


AGE  GROUPS. 

AT  WORK. 

IN  TRADE. 

WITH  FIRM. 

MALE. 

FEMALE. 

MALE. 

FEMALE. 

MALE. 

FKM 

6 

r* 

ALE. 

£ 

§ 

£ 

A 

a 
o 

£ 

3 
!* 

1 

1 

8 

£ 

• 

M 

1 

1 

^3 

'c 

O 

s 

1 

| 

I 

14-15 

1 

2 
3 
7 
11 
16 
21 
26 
32 
41 
45  + 

.... 
11 

7 
11 
10 
9 
5 
11 
2 

"i" 

3 

6 
10 
13 
14 
9 
5 
12 
1* 

8 
8 
9 
11 
6 
4 

"9 
9 
6 

11 
9 
1 
6 
5 
5 
2 
3 
3 
6 
6 

"2 

4 
6 
6 
5 
3 
3 
3 
1* 

7 
10 
1 
4 
2 
3 
6 
5 

"2 

9 

8 
10 
4 

2 
5 

7 
9 
5 
8 
6 
8 
8 
4 
7 

16-17  
18-20  
21-24  
25-29  . 

.... 

2 
3 
2 
2 
2 
1 
2 
1* 

1 

2 
4 
6 
8 
12 
14 
23 
27 

1 
2 
3 
4 
5 
5 
8 
15 

30-34  

35-39  
40-44  

45-54  
55-64  
Over  65  

*  Only  5  women  65  years  of  age  or  over.     Such  instances  too  few  and  scattering  to  have 
much  statistical  weight. 

Segregating  the  data  for  factory  workers  included  in  this  table 
reveals  the  fact  that  their  industrial  experience  is  somewhat  briefer 
than  that  shown  for  all  employees.  But  since  some  shifting  be- 
tween departments  is  not  impossible,  it  has  been  deemed  best  to 
show  the  tendency  of  the  industry  as  a  whole. 

Length  of  time  in  the  trade  or  with  the  firm  also  has  a  bearing 
upon  earnings.  Ordinarily  we  should  expect  those  who  had  been 
in  the  business  for  several  years  to  be  more  valuable  workers  than 
newcomers.  And  their  usefulness  would  normally  increase  until 
advancing  age  slackens  their  energy.  The  following  tables  and 
graph  show  the  number  of  persons  enumerated  according  to  years 
of  experience  in  confectionery  and  with  the  firm  where  found. 
They  also  show  the  wage  above  and  below  which  half  the  people 
in  each  year  group  are  distributed.  (See  Tables  XVII,  XVIII 
and  Plate  G.) 


APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY.  95 


TABLE  !X^ZH. 


TRADE 


AND 


P**c.ffr*T.     OF    AUU  enf»uo*ees    B* 


MAL.E 


Less 
THAN          j 


.O 


37.4 


38T 


348 


744 


5.TI 


554 


(9.Z4 


49.4 


IO.5T 


4Z4 


Z7S 


78.1. 


7.3! 


/  4,1 


1    1.50 


nz 


7.TI 


12.38 


84.9 


S. 


I  3 


3 


4,7.7 


U4 


87.3 


71.2. 


i  a.*,? 


|3^ 


90. 


8.50 


Si 


91.3 


8.50 


/0-/4 


3^7 


83.3 


8.84 


/5-I9 


)  53 


IT 


104 


98.5 


9. 


94 


191 


U. 


ut 


50 


1  Us 


95.<3 


1  1.33 


/  fc 


99.9 


8.5 


30-34 


98. 


99.9 


S5-44 


5o 


99.4 


100. 


7/13 


TO-PAU 


zz 

35M 


100. 


4903 


96  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  1ST.  Y.  CITY. 


EARNINGS    AND  "Teftin  OF  EMPLOYMENT, 


lMT.      OP      AUt- 

WEEKUV 


B> 


^'EARS 

W»-TH 

Plp.f*l 

M  AUES 

TrE  M  A  I-  E\S 

Ni/MBe«. 

Ct/Mt/uA-rive 

P»?fte.e,vT. 

M&DIAM 
BARNIN&-S 

Noi^BlfR 

CUMULATIVE 

PERCEWT. 

IMITplArM 

e"««.Nir>»«t-S 

Le»» 

-THArw           I 

1285 

35.  s 

#  c 
a  13 

^^jo 

4fe.4 

^5.43 

r 

487 

49. 

ft  94 

811 

bZ.8 

5.9i 

a 

3  17 

57.7 

1  0.  95 

512 

13.. 

^>.97 

3 

*M 

4,5. 

H.95 

377 

80.  b 

7.30 

4 

ISO 

70. 

U.M 

2^9 

85.x 

7.14 

5 

US 

14.5 

J2.(,3 

139 

88. 

8.Z9 

j» 

130 

7S., 

13.10 

t!0 

9o.z 

8.33 

7 

103 

8i.i 

f  3.9-1 

/Of 

9e.s 

8,fe7 

9 

J03 

84. 

13.57 

34 

94. 

3.74 

9 

t7 

85.a 

15.^^ 

52 

95. 

S.9& 

/o-H 

Z38 

92.^ 

IS.fcl 

IM 

98.4 

8.78 

15-)9 

9t> 

95., 

U.51 

44 

99.3 

9.84, 

eo-a^ 

104 

97.9 

IKsc 

24 

99.-, 

M.S3 

25-  Z9 

40 

99. 

19.00 

7 

99.9 

8.50 

30-34 

23 

99.T 

18.51 

2 

99.9 

fe.50 

35  -44 

9 

99.9 

25.oo 

^ 

/oo. 

10.00 

45   AN* 
^J  «»•** 

1 

;oo. 

2  2.  so 

TOTAU 

3618 

497? 

Ai'piM)ix  I  —  CONFECTIONERY  INDUSTRY  IN  K".  Y.  CITY.  97 


N        <*        *        *•> 


-I — ! — r 


/ 


/ 


• 


98  APPENDIX  I  —  CONFECTIONERY  IMM-STKY  IN  X.  Y.  CITY. 

Here  again  the  earnings  of  the  majority  of  factory  workers  fall 
slightly  below  those  given  for  the  trade  as  a  whole.  For  instance, 
half  the  men  do  not  get  $11  until  they  have  been  6  years  in  the 
business,  nor  $15  until  after  20  years.  Also  old  male  employees 
are  less  valuable  to  the  firm  as  factory  workers.  But  these  are  the 
principal  points  of  divergence.  In  the  main,  the  figures  presented 
are  fixed  by  the  large  number  of  shop  hands  included. 

It  will  be  noted  that  over  30  per  cent,  of  all  employees  had  been 
in  the  confectionery  business  less  than  a  year,  and  nearly  55  per 
cent,  less  than  3  years.  The  girls  are  much  briefer  in  their  stay 
than  the  men.  Less  than  9  per  cent,  of  the  women  had  been  in 
the  trade  10  years  or  more,  whereas  more  than  26  per  cent,  of  the 
men  had  been  in  the  business  so  long.  Naturally  the  terms  of  em- 
ployment with  the  firm  are  of  shorter  duration.  More  than  half 
had  been  in  the  establishment  where  found  less  tlian  two  years. 
This  brief  connection  may  also  partly  account  for  low  wages. 

Tables  XVII  and  XVIII  also  show  the  middle  wage  for  each 
group  of  persons  working  a  given  number  of  years.  From  the  data 
presented  in  the  foregoing  analysis  of  age  and  experience,  certain 
general  conclusions  as  to  progress  in  earning  capacity  may  be 
drawn.  It  is  reasonably  sure  that  a  person  who  has  been  engaged 
for  seven  years  in  this  industry  is  no  longer  a  minor;  and  he  or 
she  is  probably  over  30  years  of  age,  having  come  into  the  con- 
fectionery trade  after  attaining  majority.  The  progression  of 
earnings  with  experience  is  shown  in  the  tables.  It  is  interesting 
to  note  that  after  7  years'  work  in  this  line,  the  ordinary  man  earns 
about  $13,  and  the  run  of  women  less  than  $9.  Those  who  stick 
to  the  firm  fare  a  little  better,  especially  in  the  case  of  beginners 
and  also  a  few  old  employees,  some  of  whom  are  retained  virtually 
as  pensioners. 

ADVANCE   ix   WAGES. 

Table  XIX  shows  the  number  and  per  cent,  of  all  employees  in 
four  factories,  whose  rate  of  pay  was  increased  during  a  year.  It 
will  be  seen  that  over  a  sixth  received  an  advance  —  the  men  more 
often  than  the  women  in  proportion  to  their  respective  numbers. 
The  usual  amount  for  both  was  50c  or  $1  a  week.  The  firms  con- 
sidered are  wholesale  manufacturers  in  Brooklyn  and  Manhattan. 
(Table  XIX.) 


Al'l'I   MM  X     i         -(  \»A  !••!•:<  '  TK>N  KKY     l.MHSTK'Y    IX    A'.     V.    ClTY.    91) 


TAI'.I.K    XIX      -KAISKl)    IN    OXK     YI'AK. 

NiMr.i::;    AN:>    PERCENT  OF   AI.I.    KMI-I.OYKKS    IN    F<»n:    Fx-miMKs.   WITH    A.MOTXT  OF 

i:   1.1    . 


Mulrs. 

IVmales. 

Both. 

Per  com  . 

Of   Mil. 

T<>t-tl  cmplovod           

626 

820 

1,446 

100. 

AMOUNT  OF  RAISE. 

No  raise  

509 

688 

1,197 

82.8 

$  25  $  49             

4 

11 

15 

1. 

50-     99                                        

33 

75 

108 

7.5 

1   ()()   l   49              

39 

32 

71 

4.9 

1  50-1  99                                   

11 

3 

14 

,           1 

2  00-2  99    

13 

6 

19 

1.3 

3  00-3  99                                

g 

4 

13 

.9 

4  00-4  99 

2 

o 

2 

5  00-5  99                   ...             

5 

1 

6 

.4 

6.00-6.99  

1 

0 

1 

Total  raised 

117 

132 

249 

17.2 

WAGES  AND  MARRIAGE, 

It  is  to  be  expected  that  married  people  will  require  higher 
wages  to  support  their  families  than  single  persons  need.  Our 
figures  show  that  both  married  and  single  people  range  from  one 
end  of  the  wage  scale  to  the  other.  Naturally,  those  who  are  mar- 
ried are  older,  and  profit  by  maturity.  Again,  those  who  have  to 
support  others  are  apt  to  be  steady  workers.  Accordingly,  we 
find  the  representative  married  man  somewhat  higher  in  the  wage 
scale  than  a  bachelor.  Taking  all  employees  in  the  industry  to- 
gether, the  former  earns  between  $12  and  $13;  the  latter  between 
$9  and  $10.  Factory  workers  receive  from  50c  to  $1  less.  For 
women  the  difference  is  not  so  great.  It  appears  that  in  their 
case  the  deftness  of  youth  outweighs  the  experience  of  years,  as 
shown  bolow.  Widows  appear  to  be  good  workers —  of  necessity, 
perhaps;  while  widowers  are  apparently  beginning  to  feel  the 
slackening  effects  of  age.  The  wage  here  indicated  is  that  received 
by  persons  midway  between  high  and  low  extremes.  (Table  XX.) 


100  APPENDIX  I  —  CONFECTIONERY  INDUSTRY  IN  N.  Y.  CITY. 

TABLE   XX  — MEDIAN   WAGE   BY   CONJUGAL  CONDITION. 


MALES. 


FEMALES. 


All 
employees. 

Factory 
workers. 

All 
employees. 

Factory 
workers. 

Single  
Married  
Widowed  

$9.16 
12.93 
12.20 

$8.63 
11.70 
11  50 

$5.96 
5.81 
6.02 

$5.83 
5.73 
6.00 

EARNINGS  AND  NATIVITY. 

As  before  remarked,  immigrants  tend  to  fill  in  the  less  skilled 
occupations  in  the  confectionery  trade.  Therefore,  as  a  rule,  they 
receive  lower  wages.  Taking  the  industry  as  a  whole,  native  male 
employees  center  about  $13  and  foreign  males  at  somewhat  over 
$10.  Half  the  native  females  earn  over  $6,  whereas  less  than  half 
the  foreign  born  women  reach  that  level.  Considering  only  fac- 
tory workers,  we  find  that  the  native-born  are  still  slightly  above 
the  foreigners  for  each  sex.  It  must  be  remembered,  however,  that 
there  are  comparatively  few  native  adult  men  and  many  native 
girls  engaged  in  manufacturing  processes.  The  discrepancy  in 
earnings  is  therefore  greater  than  it  appears,  because  of  different 
proportions  as  to  age  and  sex. 

WAGE-EARNING  WOMEN. 

Reasonably  complete  personal  data  were  secured  from  55  women 
and  girls  in  11  candy  factories,  through  personal  interviews  con- 
ducted at  the  plant  or  in  the  worker's  home.  This  number  is  too 
few  to  be  made  the  basis  of  satisfactory  tables,  but  furnishes  some 
good  typical  instances.  It  is  proposed  to  bring  together  returns 
from  all  the  trades  considered,  for  a  subsequent  study  on  standards 
of  living. 

The  women  selected  from  the  confectionery  trade  represent  va- 
rious age  groups  and  occupations.  The  most  usual  wage  was  $6. 
Nineteen  were  classed  as  self-supporting ;  thirteen  were  assisted  by 
friends  or  relatives ;  and  fourteen  helped  support  others.  The  rest 
were  doubtful.  Thirty-six  women  from  whom  information  as  to 
residence  was  obtained,  lived  at  home,  seven  with  relatives,  seven 


Ari'KNDIX    I   CoTsKKrTlo.Yi-MJY     !  M»lft-rTi< Y    IV  N      Y.    ClTY.    101 

in  furnished  rooms  and  two  were  the  financial  heads  and  sole  sup- 
ports of  their  families. 

Most  of  those  who  live  at  home  turn  in  their  wages,  and  receive 
in  addition  to  board  and  laundry,  small  amounts  for  lunches,  car- 
fare and  amusements.  As  a  rule  there  is  another  wage-earner  who 
helps  support  the  family.  A  total  income  of  $24  a  week  for  five 
persons  is  a  representative  figure. 

The  cost  of  board  with  relatives  varies  greatly.  From  $2  to  $3 
a  week  for  Italian  girls  is  about  the  usual  level.  Those  who  live 
in  furnished  rooms  pay  from  $1.50  to  $2  a  week  for  part  use. 
Food  costs  $2  to  $3. 

I  >eside  these  items,  nearly  half  the  women  report  carfares  aver- 
aging 60  cents  a  week  and  more  than  half  spend  from  GO  cents  to 
90  cents  on  lunches.  Laundry  is  done  at  home,  and  clothes  cost 
$50  to  $60  a  year.  A  few  also  pay  small  insurance  dues. 

Herewith  is  presented  a  summary  weekly  budget  for  the  typical 
self-supporting  girl  worker: 

Expenses.  Receipts. 


Half  of  a  furnished  room $1 .50      Wages SG.OO 

Breakfast  and  dinner 2.10      Less  expenses 5.90 

Lunches 70   j 

Carfare 60      Balance $    .10 

Clothes  at  $52  a  year 1 .00  j 

$5.90 


10  cents  is  a  narrow  margin  on  which  to  insure  medical 
care,  recreation,  membership  fees  and  other  incidentals.  It  is 
obvious  that  on  this  basis  a  self-supporting  and  self-respecting  girl 
can  save  nothing.  She  is  therefore  in  a  precarious  situation  should 
the  seasonal  fluctuation  throw  her  out  of  work. 

MEN  WORKERS. 

The  histories  of  34  male  workers  in  a  chocolate  mill  were  also 
taken.  Practically  all  of  these  are  Italians,  many  of  whom  work 
on  construction  in  the  summer,  and  eke  out  a  living  in  this  way 
during  the  winter  months  when  digging  is  impossible.  Most  of 


102   xVpPEISTDTX-I  --  (V»XKKCTI()^l-.rtY   IxDL'STEY   IN    E".    Y.    ClTY. 

these  men  receive  from  $5  to  $8  per  week,  arid  some  of  them  try 
to  support  a  wife  and  children  on  this  amount,  heedless  to  say, 
expenses  at  times  exceed  receipts. 

EDUCATION. 

It  must  be  admitted  that  very  few  confectionery  workers  have 
had  more  than  an  elementary  school  education.  Most  of  them  left 
to  go  to  work  at  14  years  of  age.  The  returns  upon  this  point  are 
few  and  scattering.  But  it  may  be  also  noted  that  employers  as  a 
rule  do  not  require  anything  except  the  most  rudimentary  train- 
ing. There  is  little  chance  of  advancement  except  along  narrow 
lines,  and  therein  speed  and  dexterity  count  most.  General  in- 
telligence would  seem  to  be  shown  by  leaving  these  blind  alley  oc- 
cupations, rather  than  by  remaining  in  them. 

STATUS  OF  THE  TRADE. 

In  conclusion  it  may  be  stated  that  the  confectionery  trade  is 
one  that  is  capable  of  earning  large  profits  for  the  entrepreneur. 
The  rapid  growth  of  the  industry  within  recent  years  is  ample 
proof  of  this.  A  wholesale  merchant  asserted  that  his  candy  taken 
together  did  not  cost  more  than  12  1-2  cents  a  pound ;  and  although 
profits  were  stated  to  be  less  than  1-2  cent  a  pound,  it  was  admitted 
that  the  annual  output  was  several  million  pounds. 

Of  total  costs,  labor  is  a  comparatively  small  proportion.  The 
XIII  Census  gives  13  per  cent,  as  the  share  for  wages.  The  prin- 
cipal expense  is  for  materials.  Only  in  the  higher  grades  of  goods 
is  skilled  manipulation  essential. 

The  general  tendency  in  the  industry  has  been  for  women  to 
oust  men,  and  for  machines  to  displace  both.  As  the  mechanical 
improvements  increase,  boys  are  taking  the  places  of  girls  in  many 
lines  and  foreigners  are  pressing  in.  The  cheapening  of  the  pro- 
cess has  cut  wages,  while  the  influx  of  immigrants  has  prevented 
organization  and  has  kept  rates  down. 

The  following  summary  from  the  last  Federal  Census  indicates 
the  development  of  the  confectionery  industry  in  the  United  States 
during  the  last  six  decades.  It  furnishes  a  suitable  conclusion  for 
this  section  of  the  report, 


Al'l'KXDIX   I  COXFKCTIONKKY    TxiH'STKY    IX    X.    Y.    ClTY.    103 


Number          Waee 

. 

of 

earners 

Cost  of 

Value  of 

Value 

establish- 

(average 

Wages. 

materials. 

products. 

added  by 

ments. 

number). 

manufacture. 

1909  

1,944 

44.638 

$15,615,388 

$81,150,773 

$134,795,913 

$53,645,140 

1904  

1,348          36.239 

11,699,257 

48,810,342 

87,087,253 

38,276,911 

*1899  

962 

26.866 

8,020,453 

35,354,208 

60,643,946 

25,289,738 

1889  

2,921           21,724 

7,783,007 

31,116,629 

55,997,101 

24,880,472 

1879  

1,450            9.801 

3,242,852 

17,125,775 

25,637,033 

8,511,258 

1869  

949 

5,825 

2,091,826 

8,703,560 

15,922,643 

7,219,083 

1859  

541 

2,340 

688,423 

2,990,186 

5,361,100 

2,370,914 

1849  

383 

1,733 

458,904 

1,691,824 

3,040,671         1,348,847 

! 

*  Small  shops  no  longer  counted. 

According  to  these  returns,  the  wage-earners  have  been  multi- 
plied 26  times;  the  wages  paid  34  times;  the  value  added  in  man- 
ufacture 40  times;  the  value  of  the  product  48  times;  and  else- 
where it  is  reported  that  the  capital  involved  has  increased  68  fold. 
The  question  now  arises  whether  the  workers  are  receiving  their 
share  in  this  growing  industry. 

An  adequate  answer  to  this  question  would  require  a  more  de- 
tailed analysis  of  better  cost  and  financial  accounts  than  we  have 
been  able  to  obtain.  Most  manufacturers  do  not  keep  records  show- 
ing the  efficiency  of  factory  workers  or  the  value  of  the  product 
at  various  stages  of  completion.  An  employee  is  "  worth "  as 
much  as  he  can  get  according  to  the  general  level  of  the  labor  mar- 
ket. How  much  he  actually  earns  by  adding  through  his  labor, 
value  to  the  product,  is  not  known. 

As  to  net  profits,  we  are  unable  to  report,  because  manufactur- 
ers objected  seriously  to  revealing  complete  financial  accounts.  It 
is  generally  agreed,  however,  that  the  selling  price  of  sweets  is 
well  above  their  cost,  the  materials  being  the  principal  item  of  ex- 
pense. The  rapid  turnover  of  capital  and  its  remarkable  increase 
as  shown  by  the  Census  figures  quoted  above,  indicate  that  the 
business  is  not  unprofitable. 


APPENDIX  II 


EEPOET  OF  THE  DIEECTOE  OF  INVESTIGATION 

ON    THE 

PAPEE  BOX  INDUSTEY  IN  NEW  YOEK  CITY. 


[105] 


THE  PAPER  BOX  INDUSTRY  IN  GREATER  NEW 

YORK. 


Every  time  you  crumple  and  throw  a  paper  box  into  the  waste 
basket  you  are  encouraging  industry,  but  wasting  money.  It  has 
become  so  commonplace  for  articles  of  every  sort  to  be  enclosed 
in  a  neat  and  attractive  pasteboard  package,  that  we  scarcely 
think  of  the  ingenuity  and  expense  involved.  Like  paper  and 
string,  we  expect  cartons  to  be  used  and  then  discarded. 

Extent. —  An  important  industry  has  been  developed  upon  this 
constant  demand  for  fresh,  light  containers.  According  to  the 
Federal  Census  of  1910,  there  were  about  950  factories  in  the 
United  States,  employing  nearly  40,000  persons  and  turning  out- 
more  than  $54,000,000  worth  of  these  goods  a  year.  Of  this 
amount.  New  York  State  produced  over  a  quarter,  and  New  York 
City  over  a  sixth. 

FANCY  AND  PAPER  BOX  MANUFACTURE,  XIII   CENSUS. 


United  States. 

Now  York 
State. 

New  York 

City. 

Number  of  establishments  
Average  number  of  wage  earners  .... 

949 
39,514 
$14  015  000 

315 
11,538 
$4,261,000 

211 
7,210 
$2,849,000 

Cost  of  materials  

25,716,000 
35  475  000 

5,962,000 
8  ,072  ,000 

3,916,000 
4,601,000 

Value  of  product  

54,450,000 

14,234,000 

9,450,000 

Growth. —  Federal  statistics  for  this  industry  were  first  shown 
separately  in  the  census  for  1849.  At  that  time  there  were 
enumerated  only  82  establishments,  employing  718  persons. 
Work  was  originally  done  by  hand,  scissors  and  paste  being  the 
principal  equipment.  The  growing  demand  for  cheap  packages 
more  than  doubled  the  trade  each  decade  until  1890.  Machinery 
was  introduced,  and  costs  as  well  as  output  increased  rapidly. 
Many  establishments  now  make  boxes  for  their  own  goods,  and 
these  supplementary  plants  are  not  included  in  the  census. 

'107! 


108    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  1ST.  Y.  CITY. 

Employees. —  In  1912,  the  Industrial  Directory  for  New  York 
State  reported  over  15,000  persons  employed  in  the  manufacture 
of  paper  boxes  and  tubes.  Nearly  two-thirds  of  these  workers 
were  girls  and  women.  New  York  City  had  about  6,000  of  them, 
as  shown  below : 


New  York  State.         New  York  City. 


Number  of  factories 380   I  257 


545 

354 

Shop  men,  16  +  years     

5  469 

3,776 

Shop  boys,  14   to  15  years  
Shop  women,  16  +  years  

122 
9,159 

53 
5,676 

Shop  girls,  14  to  15  years  

527 

224 

Total  employees  '.  . 

15,822 

10,083 

Organization  of  Trade. —  In  Greater  New  York  the  paper  box 
trade  is  represented  by  two  associations,  which  include  seventy  of 
the  older  established  firms,  employing  altogether  about  4,000 
people.  The  Carton  Club  comprises  the  Gentile  element  and  the 
Paper  Box  Manufacturers'  Association  is  composed  of  Hebrews. 
Both  organizations  are  interested  in  the  general  welfare  of  the 
business,  especially  on  the  personal  and  credit  sides. 

Union. —  This  two-fold  division  among  both  employers  and 
employees  runs  throughout  the  trade.  The  great  mass  of  workers 
are  unorganized,  but  in  the  Hebrew  shops  there  is  a  struggling 
union.  The  various  foreign  elements  do  not  seem  to  be  able  to 
get  together,  however.  The  fact  that  two-thirds  of  the  workers 
are  girls  and  women,  and  that  most  of  these  stay  in  the  trade  but 
a  few  years,  also  checks  the  movement. 

Supply  of  Working  Force. —  The  most  usual  reply  as  to  the 
supply  of  workers  was  that  dependence  was  placed  on  ads.  in  the 
daily  papers  and  on  signs  hung  on  the  doors.  Some  factories 
keep  such  signs  permanently.  A  common  practice  is  to  encourage 
employees  to  bring  their  friends,  especially  box-makers  from  other 
factories.  There  seems  to  be  an  utter  lack  of  utilization  of  the 
established  employment  agencies,  only  one  firm  reporting  that  it 
made  inquiries  of  the  Y.  M.  C.  A.  and  Y.  W.  C.  A.  for  help. 
There  is  general  complaint  that  the  factories  compete  excessively 
for  employees,  especially  during  the  busy  season,  and  that  they 


APPENDIX  II-     PAI-KR  IJox  IMMSTRY  IN  N.  Y.  CITY.     109 

resort  to  unfair  methods  in  taking  workers  away  from  one 
another.  One  employer,  who  has  a  systematic  method  of  training 
beginners,  was  especially  bitter  at  his  colleagues  who  made  it  dif- 
ficult for  him  to  keep  people  he  had  trained. 

Training. —  The  employers  interviewed  were  quite  agreed  that 
little  could  be  accomplished  by  way  of  preparation  for  the  trade 
by  courses  in  the  schools.  With  scarcely  any  exception  manu- 
facturers complained  of  the  difficulty  of  obtaining  efficient  help, 
yet  could  not  suggest  anything  along  the  line  of  improving 
capacity.  Employers,  as  a  rule,  do  not  regard  paper  box  making 
as  a  trade  requiring  marked  intelligence.  No  educational  stan- 
dards have  be«n  set  by  any  employer  and  there  seems  to  be  an 
opinion  that  because  of  the  monotony  and  dirtiness  of  much  of 
the  work  the  task  of  retaining  better  educated  employees  would 
be  more  difficult  than  at  present. 

Physique. —  Except  in  the  factories  making  the  largest  sizes  of 
boxes,  there  is  little  in  the  work  of  box-making  that  manifestly 
calls  for  much  physical  exertion.  In  several  factories  deaf-mutes 
were  found  at  work,  and  in  two  others  they  had  been  employed 
at  various  times  in  the  past.  In  every  instance  they  were  giving 
complete  satisfaction,  both  on  machine  and  hand  work. 

Character  of  Shops. —  For  this  investigation  191  factories 
located  in  four  boroughs  of  the  city  were  considered.  They 
varied  in  size  from  a  shop  employing  six  persons  to  one  with 
320  hands.  These  comprise  three-quarters  of  all  shops  listed  by 
the  Labor  Department.  Naturally  the  character  of  such  places 
differs  widely.  Some  of  the  small  concerns  were  located  in  dingy 
basements  and  old  loft  buildings,  where  working  conditions  were 
very  bad  from  lack  of  proper  light  and  ventilation.  Other  fac- 
tories are  in  modern  new  plants. 

PERSONNEL. 

Our  agents  investigated  the  wages  of  9,105  persons  employed 
in  all  branches  of  the  paper  box  industry.  Nearly  two-thirds  of 
these  are  women  and  girls,  and  about  a  half  of  all  are  minors. 
Considering  factory  workers  alone,  females  comprise  over  71  per 
cent,  of  the  hands.  The  proportion  in  each  age  group  for  the 
entire  trade  is  shown  in  Table  I. 


110    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  !N".  Y.  CITY. 


TABLE   I  — SEX  AND  A(;i:. 
NUMBER  AND  PERCENT  OF  ALL  EMPLOYEES  IN  EACH  GROUP. 


TOTAL. 

MALE. 

FEMALE. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Total  

9,105 

100. 

3,188 

35. 

5,917 

65. 

AGE  GROUPS. 
14-15  
16-17  
18-20  
21-24  

464 
1,654 
2,407 
1  ,750 
1,035 
594 
446 
290 
325 
103 
10 
27 

5.1 
18.2 
26.5 
19.2 
11.4 
6.5 
4.9 
3.2 
3.6 
1.1 
.1 
.3 

80 
304 
574 
644 
533 
340 
250 
158 
211 
73 
9 
12 

.9 

3.3 
6.3 
7.1 
5.9 
3.7 
2.7 
1.7 
2.3 
.8 
.1 
.1 

384 
1,350 
1,833 
1,106 
502 
254 
196 
132 
114 
30 
1 
15 

4.2 
14.8 
20.1 
12.2 
5.5 
2.8 
2.2 
1.5 
1.3 
.3 

".'2 

25-29  
30-34  
35-39 

40-44  
45-54 

55-64  
65  + 

Not  given  

About  three-eights  of  all  employees  were  born  abroad,  and  many 
more  had  foreign  parents.  The  proportion  of  foreigners  is 
slightly  higher  among  the  factory  hands.  As  the  following  table 
shows,  Russians  lead  in  numbers.  English-speaking  immigrants 
are  not  largely  represented  in  the  trade.  The  Jewish  element 
predominates.  (Table  II.) 

TABLE  II  —  NATIVITY. 
ALL  EMPLOYEES. 


Males. 

Females. 

Both. 

Per  cent, 
of  all. 

Total.  

3,188 

5,917 

9,105 

100. 

Native               

1   373 

4  302 

5  675 

62  4 

Foreign  

1  801 

1*596 

3  397 

37  3 

Russia 

819 

851 

1  670 

18  4 

Italy  

534 

221 

755 

8  3 

Austria  
Germany  

114 

123 

198 
60 

312 
183 

3.4 
2 

I  reland  
England  
Roumania  
Hungary 

28 
27 
25 
19 

68 
56 
29 
16 

96 
83 
54 
35 

1.1 
.9 
.6 

4 

Scotland  
Poland  
Turkey 

13 
10 
23 

18 
15 
2 

31 
25 

25 

.3 
.3 
3 

Greece       

17 

2 

19 

2 

Canada 

3 

14 

17 

2 

France  
West  Indies 

3 

7 

10 
3 

13 
10 

.1 
1 

Sweden  

7 

3 

10 

1 

Norway  
Galicia 

2 
1 

7 
8 

9 
g 

.1 
I 

South  America  
Other  foreign  

7 
19 

1 
14 

8 
33 

.1 
.4 

Not  given  

14 

19 

33 

.4 

.x  I  I  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    Ill 


Young  women  of  native  birth  constitute  the  largest  group  in 
the  industry.  On  the  other  hand,  foreign  men  outnumber  native 
adult  males  three  to  two.  Among  factory  workers  the  excess  of 
women  and  of  foreign  males  is  still  greater.  The  following  table 
presents  numbers  and  per  cents,  for  all  children,  young  persons 
and  adults  in  the  trade  according  to  nativity  and  sex.  (Table  III.) 

TABLE  III  —  NATIVITY  BY  SEX  AND  AGE  GROUPS. 
NUMBER  AND  PERCENTAGES  OF  ALL  EMPLOYEES. 


- 

TOTALS. 

AGE  GROUPS. 

14-15. 

16-20. 

OVER  21. 

NOT  GIVEN. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 

cent. 

Totals...  f  Male.  .  . 
\  Female 

3,188 
5,917 

35. 
65. 

80 
384 

.9 

4.2 

878 
3,183 

9.6 
35. 

2,218 
2,335 

24.4 
25.7 

12 
15 

.1 
.2 

Native.  .  /  Male.  .  . 
\  Female 

Foreign.,  f  Male.  .  . 
\  Female 

Not           /  Male 
given     t.  Female 

1  ,373 
4,302 

1,801 
1,596 

14 
19 

15.1 
47.3 

19.8 
17.5 

.2 
2 

64 
325 

16 

59 

.7 
3.6 

.2 
.6 

434 
2,219 

443 

958 

6 

4.8 
24.4 

4.9 
10.5 

875 
1,752 

1,341 
577 

2 
6 

9.6 
19.3 

14.7 
6.3 

"   6 

1 

2 

11 

7 

.i 

.1 
.1 

.1 

.1 

The  next  table  shows  the  number  and  per  cent,  of  all  employees 
divided  by  sex  according  to  marital  condition.  Here  again  we 
note  the  large  number  of  single  persons,  especially  of  women.  As 
stated  in  connection  with  the  confectionery  industry,  this  unusual 
proportion  of  unmarried  persons  is  due  to  the  preponderance  of 
young  women.  But  that  nearly  90  per  cent,  of  all  girls  and 
women  in  this  trade  are  single,  appears  remarkable  when  we  com- 
pare this  figure  with  recent  census  returns.  In  1910,  only  36  per 
cent,  of  all  females  over  15  in  New  York  City  were  unmarried. 
The  special  Federal  report  on  Women  at  Work  gave  65  per  cent, 
of  all  female  breadwinners  over  16  as  single.  Our  exhibit  shows 
the  local  paper  box  industry  as  a  great  field  for  matrimonial 
prospecting.  Seriously,  many  girls  regard  marriage  as  the  only 
way  out  of  the  monotony  of  the  work.  (Table  IV.) 


112    APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  N.  Y.  CITY. 


TABLE   IV  — CONJUGAL   CONDITION. 
NUMBER  AND  PERCENT  OF  ALL  EMPLOYEES. 


TOTAL. 

SINGLE. 

MARRIED. 

WIDOWED  OR 
DIVORCED. 

NOT  GIVEN. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 

cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

.4 
.1 

Males  
Females  

3,188 
5,917 

35. 
65. 

1,852 
5,277 

20.4 
58. 

1,256 
397 

13.8 
4.4 

44 
231 

.5 
2.5 

36 
12 

Both  

9,105 

100. 

7,129 

78.3 

1  ,653 

18.2 

275 

3. 

48 

.5 

OCCUPATIONS. 

The  following  table  shows  the  main  divisions  of  the  industry 
according  to  the  general  character  of  the  work  performed : 


Male. 

Female. 

Paper  box  making  

2,218 

5,514 

Supplementary  operations  (printing,  etc.)  
Shipping  and  delivery  

213 
403 

242 
15 

Plant  help  

271 
83 

5 
141 

Total  

3,188 

5,917 

We  shall  here  consider  primarily  only  those  persons  engaged 
directly  in  the  making  of  boxes,  leaving  clerks,  engineers,  delivery 
men,  etc.,  for  separate  sections  of  the  report.  Occasionally,  how- 
ever, we  shall  indicate  the  tendency  of  the  trade  as  a  whole,  since 
factory  workers  constitute  so  large  a  proportion  of  the  entire 
number,-  and  because  some  shifting  from  one  department  to 
another  is  not  impossible. 

PAPER  Box  MAKING. 

The  various  kinds  of  boxes  —  large  and  small,  round  and 
square,  solid  and  folding  —  require  some  specialization  in  manu- 
facture. Certain  fancy  varieties  are  made  almost  entirely  by 
hand ;  other  standard  shapes  are  turned  out  practically  complete 
by  machinery.  The  making  of  an  ordinary  shoe  box  may,  how- 
ever, serve  to  illustrate  the  essential  processes.  The  cardboard 
is  first  cut  into  correct  sizes  for  top  and  bottom,  the  corners  are 


APPENDIX  II-     PAIM  R  Box  INDUSTRY  IN  1ST.  Y.  CITY.    113 

next  cut  out  and  the  flaps  are  scored  so  as  to  bend  up  and  make 
the  sides.  These  are  then  fastened  together  with  glued  tabs  by  a 
"  corner  staying  "  or  "  ending  "  machine.  Making  the  pasteboard 
frame,  so  far,  is  usually  men's  work.  Then  girls  turn  the  box 
on  a  block  and  wind  around  the  sides  a  strip  of  pasted  paper, 
which  is  turned  over  the  edges  by  helpers.  Others  put  on  the 
top  or  bottom  covering.  The  box  is  then  practically  completed, 
unless  a  lining  or  tapes  are  to  be  put  in.  After  that,  the  lids  are 
put  on  and  the  boxes  are  tied  up  or  piled  ready  for  storing  or 
shipping. 

The  conditions  under  which  these  operations  are  performed 
naturally  differ  with  the  plant  considered.  Cutting  is  usually 
done  by  one  or  two  competent  men.  But  occasionally  we  find  boys 
and  even  girls  helping  manipulate  dangerous  machinery.  Corner 
staying  and  ending  machines,  as  well  as  special  mechanisms  for 
punching,  counter  sinking,  etc.,  are  very  generally  run  by  young- 
women.  Many  firms  furnish  safety  devices  to  prevent  crushed 
fingers;  but  frequently  employees  do  not  use  the  guards,  because 
they  hamper  rapid  manipulation.  In  the  case  of  the  shield  for 
the  staying  machine,  several  workers  reported  that  it  increases 
the  danger  by  presenting  a  wider  surface  to  catch  the  hand.* 
•  Most  women  machine  operators  and  strippers  sit  at  their  work. 
Top  labellers  and  table  hands  generally  stand.  The  smell  of  glue 
is  rather  distasteful  in  a  close  room ;  and  working  clothes  have  to 
be  changed  or  aprons  worn  in  order  to  avoid  smearing  with  paste. 
The  pace  in  a  busy  factory  is  pretty  fast,  as  many  of  the  skilled 
operatives  are  on  piece  rates,  and  one  process  fits  into  the  next. 
We  must  now  define  more  clearly  what  kind  of  persons  perform 
the  various  lines  of  work.  Cutting  is  a  skilled  men's  trade, 
requiring  some  ability  to  figure  out  the  dimensions  required  with 
as  little  waste  as  possible,  and  demanding  care  in  the  manipula- 
tion of  dangerous  machinery.  Chopping  out  the  corners,  scoring, 
punching  in  rivets  or  eyelets,  corner  staying  or  ending,  require 
less  skill,  but  demand  dexterity  to  insert  and  remove  material 
quickly  in  operating  the  machines.  Both  young  men  and  women 
operate  punching  and  staying  machines  in  the  general  process  of 

*  For  accidents,  see  p.  134. 


114    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  !N".  Y.  CITY. 

setting  up.  The  making  and  use  of  glue  on  heavy  cardboard  are 
also  men's  occupations,  requiring  some  deftness  and  judgment. 
Covering  the  sides  and  tops  of  boxes  with  paper  (stripping  and 
top-labeling)  as  well  as  making  and  finishing  finer  boxes  (table 
work)  is  generally  a  skilled  trade  for  women,  demanding  dexterity 
and  neatness.  Girls  begin  by  turning  in  for  older  hands  who  do 
stripping,  and  thus  learn  the  latter  operation.  Closing  and  tying 
require  only  an  eye  for  defects  and  dispatch  in  assembling  parts. 
Floor  work  is  simply  fetching  supplies  and  carrying  away  finished 
goods.  There  are  also  several  miscellaneous  or  supplementary 
occupations,  such  as  nailing  wooden  frames,  printing  and  em- 
bossing labels,  which  need  not  concern  us  here.  The  following 
table  shows  the  age  and  sex  of  persons  engaged  in  the  principal 
factory  occupations.  (Table  V.) 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    115 


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eft 


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116    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  INT.  Y.  CITY. 


As  before  stated,  the  great  majority  of  women  are  engaged  in 
covering  and  table  work  —  the  younger  girls  as  turners-in,  the 
older  hands  as  table  workers.  The  more  experienced  men  run  the 
heavy  cutting  machinery ;  the  boys  serve  as  their  helpers  or  learn 
glue  work  by  doing  various  tasks.  There  is  no  regular  apprentice- 
ship, but  experience  in  helping  cutters  or  coverers  leads  toward 
these  more  skilled  occupations. 

Native  workers  have  the  largest  proportion  in  women's  lines  — 
covering  and  table  work ;  foreigners  tend  rather  to  predominate 
in  occupations  filled  by  men  —  glue  and  machine  work,  and  to 
unskilled  tasks  on  the  floor.  This  tendency  has  been  remarked  in 
the  confectionery  industry,  where  native  girls  and  foreign  men 
are  working  together  in  low  skilled  hand  and  machine  indus- 
tries. The  accompanying  table  shows  the  distribution  of  7,700 
persons  by  percentages  according  to  nativity  and  occupation. 
(Table  VI.) 

TABLE  VI  —  OCCUPATION  BY  NATIVITY. 
PER  CENT.  OF  ALL  FACTORY  WORKERS. 


Native. 

Foreign. 

Both. 

Total  :  

61.6 

38.4 

100. 

Foremen  and  women  
Cutting  

1.9 
4.4 

.8 
4.5 

2.7 
8.9 

Glue  making  
Setting  up  
Machine  work  
Glue  table  
Covering  
Table  work  
Closing  and  tying  

"3.'9 
3.8 
.3 
22.9 
19.1 
2.5 

.1 
2.9 
2.8 
1.6 
9.4 
11.9 
1.6 

6!9 
6.6 
1.9 
32.4 
3.1 
4.1 

Floor  work  

2.6 

2.8 

5.4 

RATES  OF  WAGES. 

In  few  factories  is  there  any  exact  record  of  the  production  for 
time  workers.  The  weekly  rates  are  therefore  generally  fixed  by 
guesswork,  and  vary  considerably  within  the  same  establishment 
without  apparent  reason.  Neither  is  there  often  a  systematic 
determination  of  piece  rates,  although  in  a  few  places  some 
attempt  has  been  made  to  standardize  piece  rates,  or  at  least  to 
get  the  employees  to  take  an  intelligent  part  in  the  process.  Thus, 
one  factory,  whose  product  is  to  a  large  extent  stable,  varies  its 


x  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    117 

piece  rates  according  to  the  price  it  obtains  for  the  product.  In 
another  i'actory,  whoso  operation  is  very  steady,  but  whose  pro- 
ducts vary  greatly,  new  articles  are  given  to  three  workers  chosen 
as  slow,  ordinary,  and  speedy  operators.  Their  production  for  a 
given  time  is  averaged,  and  the  piece  rate  is  set  on  the  basis  of 
this  average.  This  method  seems  to  work  very  satisfactorily. 

One  undesirable  feature  found  in  a  large  number  of  factories 
is  partnership  and  sub-contract  work.  In  one  factory  more  than 
one  hundred  employees  had  one  or  more  helpers  each,  the  latter 
i •('!!)<>•  paid  not  directly  by  the  firm,  but  by  the  "  box  maker,"  who 
received  his  gross  pay  on  a  piece  basis.  One  reason  assigned  for 
the  prevalence  of  this  practice  is  the  desire  of  employers  to  avoid 
the  trouble  of  keeping  the  working  force  recruited  up  to  the 
needed  strength.  By  the  device  of  paying  one  person  for  himself 
and  his  helpers,  the  total  wage  payment  is  often  reduced,  though 
apparently  at  the  expense  of  the  helpers ;  and  in  addition  the  firm 
is  more  assured  of  its  product. 

Of  the  2,218  male  factory  workers,  339,  or  15  per  cent,  were 
piece  workers;  while  of  the  5,514  women  and  girls,  2,087,  or 
about  37  per  cent.,  were  on  piece  rates.  These  operatives  include 
some  of  the  most  skilled  hands,  so  we  must  first  indicate  typical 
rates  in  order  to  estimate  the  amount  of  work  required  to  earn 
weekly  the  sums  later  to  be  considered.  Naturally  the  rates  vary- 
widely  according  to  the  size  and  quality  of  the  product.  They 
also  depend  upon  whether  the  box  is  built  by  hand  or  put  together 
by  specialized  machinery.  We  shall  here  mention  only  a  few 
figures  for  the  principal  operations  to  show  the  ordinary  basis  of 
wage  payment.  For  this  purpose  we  give  the  middle  range  of 
rates  quoted  in  the  factories  investigated : 

Rate  per 
Operation.  hundred. 

Setting  up  —  corner  staying,  ending,  etc 5c.-15c. 

General  machine  work    2c.-15c. 

Stripping 6c.-25c. 

Labeling,   all  kinds   5c.-10c. 

Table    work  —  putting    in    lace    paper,    tapes    and 

general  hand  finishing 5c.-60c. 

Closing  and  tying 2c.-5c. 


118    APPENDIX  II  --  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY. 

The  reader  must  be  cautioned  against  taking  these  figures  as 
giving  the  upper  and  lower  limits  for  the  payment  of  piece  work. 
They  merely  represent  typical  rates  obtained  in  several  of  the  local 
plants.  They  also  show  that  if  a  girl  is  getting  10  cents  a  hundred 
for  covering  boxes  she  must  turn  out  6,000  a  week  in  order  to 
make  $6 ;  that  is,  one  about  every  30  seconds  for  54  hours.  This 
figure  gives  some  idea  of  the  speed  and  deftness  required. 

Table  VII  shows  the  weekly  rates  quoted  for  5,255  employees, 
classified  according  to  the  principal  occupations  in  the  trade.  Sum- 
marizing the  data  briefly,  we  may  state  that  $15  to  $16  is  the  most 
common  rate  for  men,  due  to  the  large  number  of  cutters  and 
machine  operators.  Six  dollars  is  the  figure  most  often  quoted 
for  all  female  employees.  The  majority  of  men  and  boys  may  hope 
to  earn  between  $7  and  $16 ;  more  than  half  the  women  and  girls, 
between  $5  and  $9.  Over  half  the  male  help  is  rated  below  $12 
and  the  majority  of  females,  under  $6.50.  (Table  VII.) 

More  specifically,  the  run  of  foremen  are  hired  for  from  $16 
to  $25 ;  forewomen,  from  $10  to  $12.  Most  male  cutters  receive 
from  $10  to  $18 ;  women,  $5  or  $6.  Men  who  do  corner  staying 
and  ending  usually  ask  from  $8  to  $15 ;  women  are  to  be  had  for 
similar  work  from  $5  to  $10.  Male  glue  table  workers  ordinarily 
range  from  $10  to  $14;  most  women  table  workers,  who  do  past- 
ing and  finishing,  from  $5  to  $10.  Covering,  i.  e.,  stripping  and 
labeling,  which  is  a  woman's  trade  requiring  some  skill,  usually 
brings  from  $6  to  $10.  Turners-in,  who  are  generally  girls  learn- 
ing the  trade,  are  quoted  at  from  $4.50  to  $6.50.  Closing,  tying 
and  floor  work  ordinarily  brings  from  $5  to  $10  for  males  and 
from  $4  to  $7  for  girls. 


AIM-KMUX  II —  P.\ri  K  IJox  INDUSTRY  IN  iSL  Y.  CITY.    110 


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120    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  1ST.  Y.  CITY. 

Plate  A.  shows  the  per  cent,  of  wage-earners  of  each  sex  who 
receive  a  given  number  of  dollars  per  week.  It  is  plain  that  $5 
or  $6  is  the  prevailing  rate  for  girls  and  women,  since  41  per  cent, 
of  all  females  are  at  this  level.  The  sudden  drop  beyond  this 
figure  is  to  be  accounted  for  partly  by  the  fact  that  the  more 
skilled  piece  workers  begin  at  just  about  this  point,  and  for  many 
of  them  weekly  rates  are  not  given.  The  difference  between  males 
and  females  is  shown  at  both  ends  of  the  curves.  Comparatively 
few  boys  get  the  very  low  rates ;  no  women  get  the  very  high  ones. 
(Plate  A.) 

As  before  remarked  these  rates  vary  greatly  according  to  the 
character  of  the  work.  In  the  confectionery  industry  we  noted  the 
difference  between  Manhattan  and  Brooklyn  factories  in  the  same 
general  lines.  The  accompanying  graph  shows  a  similar  variation 
for  the  paper  box  trade.  Location  is  evidently  an  important  factor 
when  time  in  transit  and  carfare  to  work  have  to  be  reckoned  in 
calculating  weekly  earnings.  (Plate  B.) 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.  121 


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122    APPENDIX  II  --  PAPER  Box  INDUSTRY  IN  K".  Y.  CITY. 


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APPENDIX  II  —  PAPKH  U«.-x  Ixi>rsn;Y  ix  X.  V.  CITY.    123 

But  even  within  the  same  immediate  locality  there  are  wide 
divergences  in  rates  paid  for  similar  work.  For  instance,  one 
Brooklyn  factory  pays  its  cutters  $10-$15;  another  «$15-$20.  The 
product  in  both  instances  is  of  the  same  class.  These  discrepancies 
are  found  throughout  the  trade.  Sometimes  steadiness  of  work, 
type  of  management  or  character  of  employees  will  help  explain 
the  differences.  In  other  cases  they  appear  to  be  due  to  relative 
knowledge  and  skill  in  bargaining  on  the  part  of  employer  and 
employee.  Even  those  who  do  the  same  work  in  a  shop  are  some- 
times on  a  different  scale  of  wages. 

Difference  in  age  sometimes  accounts  for  such  variations.  The 
accompanying  graph  shows  the  rise  and  fall  of  earning  power  with 
advancing  years  for  all  employees.  (Plate  C.)  The  appended 
table  gives  the  same  data  for  factory  workers  only.  The  diver- 
gences are  noteworthy  only  in  the  case  of  men  workers.  In  their 
vigorous  years,  the  rates  range  above  those  of  clerks  and  drivers 
who  are  included  in  the  plotted  curves.  (Table  VIII.) 

TABLE  VIII. 

MEDIAN  WEEKLY  RATES  BY  AGE  AND  SEX  FOR  FACTORY  WORKERS. 


Age. 

Males. 

Females. 

14-15         

$5.02 

$4  -64 

16  17           

6.14 

5.46 

18-20         

8.33 

6.82 

21   24                                

12.39 

8.44 

25-29  

14.80 

9.19 

30-34             .        .           

15.08 

9.24 

35-39.        

15.13 

9.43 

40-44,             .                   .    .•  

15.75 

9.39 

45-54         

15.33 

9.12 

55-64             

12.62 

9.25 

65  + 

13.00 

7.25 

It  will  be  noticed  that  men  reach  the  top  of  their  earning  ca- 
pacity between  40  and  45  years;  women  somewhat  sooner.  It 
must  be  remembered,  however,  that  many  of  those  who  remain  in 
the  trade  so  long  are  apt  to  be  the  better  operatives  who  find  it 
profitable  to  use  acquired  skill.  In  general  we  may  say  that  the 
majority  of  boys  and  girls  under  18  are  hired  for  less  than  $5.50 
a  week;  most  women  operatives  over  18  fall  below  $9;  and  the 
majority  of  adult  male  factory  workers  are  rated  under  $13. 


124    APPENDIX  II  —  PAPEE  Box  INDUSTRY  IN  N.  Y.  CITY. 


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II--  PAIM-:K  Box  INDTSTKY  i \  X.  V.  CITY.    125 

ACTUAL  EARNINGS. 

Plates  A  and  C  indicate  the  relation  between  weekly  rates  and 
actual  earnings.  The  latter  were  secured  in  the  manner  already 
indicated,  for  all  employees  during  a  week  in  November,  1913. 
This  was  at  a  season  when  the  industry  had  recovered  from  the 
summer  depression  and  was  again  busy  with  the  briskness  preced- 
ing the  Christmas  holidays.  Table  IX  shows  in  detail  the  earn- 
ings of  factory  employees  according  to  occupation  and  sex.  (See 
Table  IX.) 

A  comparison  of  these  data  with  those  presented  in  Table  VII 
shows  that  rates  quoted  are  as  a  rule  above  earnings  received.  This 
is  brought  out  very  well  in  Plate  C  (uage  124)  where  the  curve 
showing  weekly  rates  is  above  that  showing  weekly  earnings  at 
practically  every  point  save  for  men  between  30  and  45  years  of 
age.  Plate  A  (page  121)  also  shows  that  the  percentage  of  male 
and  female  workers  receiving  low  earnings  is  greater  than  those 
for  whom  such  rates  are  quoted.  But  it  must  be  remembered  that 
some  of  the  best  operatives  are  on  piece  work,  and  for  them  no 
weekly  rate,  but  only  earnings  are  given.  This  element  among 
women  workers  brings  the  percentage  of  those  earning  more  than 
$6  above  the  proportion  of  all  women  whose  weekly  rate  is  higher 
than  this  figure,  for  the  simple  reason  that  more  than  1,200  women 
earning  above  $6  have  no  regular  weekly  rate.  On  the  other  hand 
some  of  the  highest  paid  workers,  as  foremen  and  cutters,  are  on 
a  weekly  wage. 

About  2,000  women,  or  more  than  half  of  all  over  18  years  of 
age  in  the  shops,  earned  less  than  $8  for  a  week's  work.  More 
than  700  girls  under  18,  or  44  per  cent,  of  those  below  this  age, 
earned  less  than  $5.  More  than  300  men  operatives,  or  over  20 
per  cent,  of  the  adult  males,  earned  less  than  $10  in  a  week.  Nearly 
half  of  all  male  minors  received  less  than  $7. 

DAYS  WORKED. 

For  both  time  and  piece  workers,  the  time  made  establishes  the 
weekly  earnings.  Table  X  shows  the  days  worked  in  a  week  by 
6,189  factorv  hands. 


126    APPENDIX  II  —  PAPEK  Box  INDUSTBY 


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APPKMMX  I  I  —  I'AIM  K  I '.ox  INDUSTRY  ix  X.  Y.  CITY.    127 


TAT. LI:  x. 

DAYS  WORKED  IN  A  WKKK. 


TOTAL. 

NUMBER  OF  PERSONS  WORKING  GIVEN 
NUMBER  OF  DAYS. 

Average 
days. 

Persons. 

Days. 

—  1 

1 
2 

1 

2 

3 

4 

5 

6 

7 

Male  
Female  

Total  

1,882 
4,307 

10,926 
24,501 

5 
20 

18 
42 

17 
72 

42 
163 

164 
562 

1,600 
3,405 

35 
41 

5.81 
5.69 

6,189 

35  ,427 

3 

25 

60 

89 

205 

726 

5,005 

76 

5.72 

Per  cent,  of  total  workers  



.4 

1. 

1.4 

3.3 

11.7 

80.9 

1.2 

It  will  be  noted  that  while  85  per  cent,  of  the  males  and  79  per 
cent,  of  the  females  worked  a  full  week,  nearly  18  per  cent,  of  all 
operatives  lost  a  day  or  more,  and  this  in  a  busy  season.  It  is 
true  that  Thanksgiving  and  Election  Day  fell  within  the  weeks 
covered  by  this  investigation,  but  payrolls  including  holidays  were 
avoided  whenever  possible.  It  will  also  be  remarked  that  76  per- 
sons worked  7  days  in  a  week.  Women  from  10  firms  report  Sun- 
day work.  This  is  pretty  good  evidence  that  trade  was  brisk.  Only 
those  who  were  engaged  in  making  boxes  are  included  in  this 
enumeration. 

HOTJKS. 

An  attempt  was  made  to  ascertain  the  effect  of  the  54-hour  law 
that  has  been  a  part  of  the  labor  code  since  October  1,  1912.  That 
overtime  has  not  ceased  because  of  the  legal  prohibition  has  been 
made  evident  from  the  records  of  the  firms,  badly  defective  as  they 
are  in  general  regarding  working  hours.  Little  evidence  could  be 
obtained  that  there  had  been  any  general  reduction  of  weekly  rates 
as  a  direct  result  of  the  law.  A  more  decided  and  widespread 
effect  of  the  law  has  been  the  encouraging  of  the  extension  of  piece 
work,  and  in  some  cases  it  has  led  to  the  further  use  of  machinery 
in  order  to  maintain  the  rate  of  production.  There  was  agreement 
on  the  part  of  the  manufacturers  that  the  demand  for  many  lines 
of  paper  boxes  was  so  irregular  and,  worst  of  all,  of  an  urgent 
nature,  that  it  was  difficult  if  not  impossible  to  so  organize  a  force, 
on  the  basis  of  weekly  rates  and  fixed  hours,  as  to  work  continuously 
and  regularly. 


128    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY. 


Practically  all  factories  run  from  50  to  60  hours  a  week,  cen- 
tering at  about  54  on  account  of  the  female  help.  Only  one  plant 
out  of  187  ordinarily  ran  over  60  hours.  But  changes  in  the 
season  cause  wide  variation  from  the  regular  schedule. 

With  few  exceptions  (3  in  number),  the  usual  working  day  for 
men  is  from  9  to  10  hours;  for  women,  8%  to  9%  hours;  and 
for  children,  8  hours.  Out  of  174  firms  reporting,  115  gave  a 
short  day  of  from  7%  to  8%  hours  to  men  employees,  and  128 
gave  one  of  Y  or  8  hours  to  women.  The  other  cases  scatter  mostly 
below  these  limits. 

The  ordinary  lunch  period  in  135  plants  is  30  minutes;  in  24 
it  is  45  minutes ;  and  in  23  it  is  an  hour.  Twenty  plants  give  the 
hour  period  to  workers  under  16  years. 

The  number  of  persons  working  a  given  number  of  hours  a  week 
is  shown  in  the  following  table.  Tlrs  includes  5,374  persons  in 
180  plants.  For  many  piece  workers  the  hours  are  not  recorded. 
(See  Table  XL) 

TABLE  XI  —  HOURS  PER   WEEK. 
NUMBER  AND  PERCENT  OF  FACTORY  WORKERS  BY  AGE  AND  SEX. 


Totals  

AGES. 

14-15. 

16-17. 

18  AND  OVER. 

TOTALS. 

PER  CENT.  OF 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

All 

males. 

All  fe- 
males. 

37 

306 

185 

1,007 

1,506 

2,333    1,728 

3,646 

100. 

100. 

HOURS. 
48  and  under  
Over  48-54  
Over  54-60  
Over  60-66  
Over  66-72  
Over  72  

30 
4 
3 

270 
29 
2 
6 

36 
86 
52 
8 
3 

233 
700 
59 
15 

180 
461 
704 
120 
40 
1 

489 
1,660 
144 
37 
3 

246 
551 
759 
128 
43 
1 

992 
2,389 
205 
57 
3 

14.2 
41.8 
43.9 
7.4 
2.5 
.1 

27.2 
65.5 
5.6 
1.6 
.1 

It  will  be  seen  that,  according  to  these  figures,  43  children 
per  cent,  of  all  those  under  16),  63  youths  (34  per  cent, 
of  all  males  16  to  18)  and  258  women  and  girls  (7%  Per  cent,  of 
all  females  over  16)  worked  more  than  the  48  or  54  hours  allowed 
bv  law. 


APPENDIX  II  —  PAPKK  IJox  INDUSTRY  IN  N".  Y.  CITY.    129 


The  actual  number  of  hours  overtime  is  shown  in  Table  XII. 
To  obtain  these  figures,  the  legal  hours  for  women  and  minors  and 
the  regular  hours  for  men  were  used.  The  data  cover  169  plants 
employing  5,033  female  and  1,902  male  factory  workers.  (See 
Table  XII.) 

TABLE  XII  — PERSONS   WORKING   OVERTIME. 
NUMBER  AND  PERCENT  OF  WORKERS  NOTED. 


Total 
per- 
sons. 

HOURS  OVERTIME. 

—  1 
hr. 

1 

1 
2     i     3 

68 
33 

101 

5 

20 
19 

6 

7-9 

10-12 

13-15 

16-18 

19  + 

2 
2 
.3 

Male  
Female  .  .  . 

382 
370 

16 
33 

48 
58 

106 

GO 
89 

149 

19.8 

21 
61 

37 
10 

65 

48 

27 
10 

10 
8 

8 
1 

9 

Both  

752 

49 

82 

39 

47 

113 

37 

18 

Per  cent, 
of  all.  .  . 

100. 

6.5 

14.1 

10.9 

13.4 

5.2 

6.3 

15. 

4.9 

2.4 

1.2 

According  to  these  figures,  about  3,300  hours  overtime  were 
worked  by  752  persons  in  one  week.  The  males  averaged  over  5 
hours  a  week;  the  females  3.6  hours. 

SEASONAL  FLUCTUATIONS. 

The  busy  season  for  the  trade  as  a  whole  is  the  five  months 
beginning  about  Labor  Day.  The  two  or  three  months  proceeding 
are  dull.  As  the  workers  are  largely  on  a  piece  basis,  there  is  no 
great  difference  in  the  number  of  employees,  but  the  differences 
in  earnings  reflect  trade  conditions.  The  general  practice  is  to 
retain  as  nearly  as  possible  the  full  force  during  the  slack  season, 
in  order  to  have  the  force  ready  not  only  when  the  busy  season 
comes,  but  also  for  the  spasmodic  orders  that  may  be  obtained. 
Very  few  of  the  establishments  make  goods  for  stock.  The  cost  and 
difficulty  of  handling  and  storage  discourages  even  those  who  make 
staple  lines  from  attempting  to  make  goods  ahead.  In  the  busy 
season  recourse  is  generally  had  to  overtime  work.  During  the 
year  taken  for  this  study  there  was  practically  no  prosperous  fac- 
tory that  did  not  to  some  extent  work  overtime.  Some  factories 
were  in  operation  all  the  seven  days  of  the  week. 


130    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY. 

The  accompanying  chart  shows  the  fluctuation  in  number  of 
employees  and  total  wages  paid  throughout  a  year.  The  solid 
curve  for  all  employees,  is  plotted  on  a  scale  of  100  persons  to 
every  horizontal  line,  as  shown  on  the  left  of  the  diagram.  We 
probably  cannot  trust  the  data  for  the  first  and  last  few  weeks, 
because  of  some  lack  of  correspondence  in  all  the  payroll  periods. 
(Plate  D.) 

Beginning  in  the  middle  of  November,  1912,  the  number  of  em- 
ployees rose  to  nearly  6,700;  fell  to  6,100  after  Christmas;  rose 
again  to  over  6,500  in  March,  1913,  went  below  6,200  in  the  early 
summer;  arid  finally  climbed  to  more  than  6,900  in  the  fall  of  last 
year.  That  is,  twice  during  twelve  months  there  was  a  displace- 
ment amounting  to  5  or  10  per  cent,  of  the  employees,  most  of 
whom  were  the  low-paid  factory  workers. 

As  this  chart  is  a  composite  of  many  lines,  we  cannot  explain 
all  its  variations.  The  demand  for  some  goods,  like  boxes  for 
standard  brands  of  cigarettes,  is  remarkably  steady.  For  other 
kinds,  like  holiday  candy  boxes,  there  is  a  seasonal  market.  Easter 
and  the  fall  clothing  trade  each  call  for  special  supplies.  The  box 
business  thus  follows,  or  rather  precedes,  the  high  season  for  goods 
that  are  put  up  in  pasteboard. 

The  dotted  line,  showing  the  total  amount  of  wages  paid  all  em- 
ployees, is  plotted  on  a  scale  8.3  times  that  for  the  number  of 
workers.  The  amounts  in  dollars  are  shown  on  the  right.  The 
striking  feature  of  this  curve  is  its  great  fluctuations  with  busy 
seasons  and  holidays.  The  weekly  payroll  went  from  $57,800  to 
$42,100  within  7  weeks;  rose  to  $57,000  in  10  weeks  more;  fell 
again  to  $45,700  in  3  months;  and  finally  climbed  to  $60,900 
within  the  next  12  weeks. 

Now  these  oscillations  involving  from  $10,000  to  $15,000  within 
a  brief  time,  must  seriously  affect  the  weekly  incomes  of  about 
6,300  persons.  The  piece  workers  especially  are  well  paid  in  a 
busy  season,  but  fall  far  below  their  average  at  a  slack  time.  For 
example,  the  average  wage  of  all  employees  for  the  3rd  week  was 
$8.66;  for  the  10th,  it  was  $7.08,  a  difference  of  $1.58.  In  the 
23rd  week  the  average  rose  again  to  $8.76;  fell  off  $1.35  in  the 
next  three  months;  and  then  rose  again  to  $8.89.  Obviously  for 
a  worker  with  an  average  wage  of  $8.30,  a  10  or  15  per 
cent,  reduction  is  no  slight  matter.  It  must  make  a  standard  of 


131 


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APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N".  Y.  CITY.    131 


living  either  pretty  simple  or  very  elastic.  For  194  women  opera- 
tives questioned  as  to  seasonal  wages,  $7.36  was  found  to  be  the 
average  ordinary  week's  pay;  but  in  rush  season  it  was  $8.13  and 
in  dull  periods  $5.68.  That  is  a  variation  from  10  per  cent,  above 
the  usual  earnings  to  23  per  cent,  below. 

SHIFTING. 

The  fluctuation  of  the  box  trade  as  a  whole  gives  a  very  inade- 
quate idea  of  the  amount  of  shifting  from  one  establishment  to 
another.  We  were  unable  to  follow  all  employees  for  an  entire 
year  within  the  industry,  because  of  the  enormous  task  of  tracing 
names  and  addresses.  The  following  table  shows  the  length  of 
time  2,295  persons  stayed  in  9  plants  during  12  months.  These 
places  ordinarily  employed  about  792  hands.  (See  Table  XIII.) 

TABLE  XIII. 
NUMBER  AND  PER  CENT.  OF  EMPLOYEES  WORKING  SPECIFIED  NUMBER  OF  WEEKS  IN  ONE 

YEAR. 


WEEKS  WORKED. 

Males. 

Females. 

Both. 

Cumulative 
per  cent,  of  all. 

86 

262 

348 

15  2 

1-4  

134 

432 

566 

29  9 

5-8 

i  73 

202 

275 

51  9 

9-12  

1  56 

117 

173 

59  5 

13-16             

31 

89 

120 

64  7 

17-20 

24 

63 

87 

68  5 

21-24 

20 

46 

66 

71  4 

25-28 

24 

37 

61 

74  1 

29-32  .  . 
33-36 

14 
14 

36 
32 

50 
46 

76.2 
78  3 

37-40  
41-44  

18 
1   5 

23 
29 

41 
34 

80.0 
81  5 

45-48           

12 

38 

50 

83  7 

49-52 

122 

256 

378 

100  0 

Totals 

633 

1  662 

2  295 

100 

The  accompanying  graph  shows  the  same  data  in  a  form  more 
easily  appreciated  by  the  eye.  It  is  plain  that  women  were  more 
rapid  in  their  transit  than  men.  Both  sexes  appear  to  be  divided 
into  two  well-marked  groups.  About  one-half  stayed  less  than  two 
months;  about  one-sixth  stayed  practically  the  whole  year.  The 
others  straggled  in  and  out  at  such  a  rate  that  several  times  as 
many  people  as  the  plants  ordinarily  employ,  were  added  and 
dropped  during  12  months.  The  less  skilled  and  lowest  paid 
workers  shift  most  rapidly.  (Plate  E.) 


132    APPENDIX  II  —  PAPKK  Box  INDUSTBY  ix  X.  Y.  CITY. 


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APPENDIX  II  --  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    133 

The  rapid  taking  on  and  laying  oft'  of  help  is  shown  by  the  ac- 
companying table  which  gives  for  the  same  9  factories,  the  num- 
ber of  additions  to  the  working  force  and  subtractions  therefrom 
during  12  months.  (See  Table  XIV.) 

TABLE  XIV. 
ADDITIONS  AND  SUBTRACTIONS  IN  WORKING  FORCE  FOR  A  YKAR. 


FIRM. 

Average 
number  of 
•employees. 

ADDED  IN 
YEAR. 

DROPPED  IN 
YEAR. 

PERSONS 
COUNTED  MORE 
THAN  ONCE. 

Male. 

Fe- 
male. 

Male. 

Fe- 
male. 

Male.          Fe- 
male. 

A  
B  

c 

281 
61 
43 
11 
186 
68 
22 
56 
64 

276 
2 
4 
12 
57 
7 
22 
14 
20 

910 
6 
13 
24 
143 
38 
13 
50 
46 

261 

7 
14 
58 
8 
22 
16 
23 

843 

14 
25 
150 
37 
12 
30 
51 

15                 52 

'  '2                '    2 
1                  11 
;                 2 
6                   1 
i                 3 
3  i    

D  
E  
F  
G  
H  
I  

Totals  

792 

414 

1,243 

409 

1,162 

27                 71 

Per    cent,    of    average 
force  

100% 

209% 

198% 

12% 

It  will  be  seen  from  this  table  that  more  than  twice  as  many 
persons  flowed  through  the  plant  as  were  retained.  That  means 
in  order  to  maintain  an  average  working  force  of  less  than  800 
persons,  the  services  of  more  than  2,300  people  were  used,  two- 
thirds  of  whom  were  only  temporarily  employed.  Xearly  100  per- 
sons were  taken  on  and  laid  off  more  than  once  during  the  year. 

TIME  LOST. 

This  shifting  and  laying  off  entails  loss  of  time  between  jobs  for 
the  floaters.  But  even  the  steady  workers  are  affected  by  slack 
seasons,  sickness  and  other  reasons  that  cause  them  to  stay  out  or 
change  employers.  Among  229  women  operatives  it  was  found 
that  on  the  average  nearly  5  weeks  apiece  had  been  lost  during 
the  previous  year,  in  amounts  varying  from  less  than  one  day  to 
ten  months.  Three  weeks  were  accounted  for  by  industrial  rea- 
sons and  two  by  personal  causes.  For  the  115  who  were  out  from 
slack  work,  19  working  days,  or  a  little  over  3  weeks,  was  the 


134    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N".  Y.  CITY. 

average;  and  for  the  54  altogether  out  of  a  job,  26  working  days, 
or  something  over  4  weeks,  was  the  average.  Sickness  in  92  cases 
aggregated  1,837  days  loss. 

Vacations  with  pay  among  the  operatives  are  very  rare.  Thirty- 
three  women  out  of  283  reported  a  week  or  two  in  the  dull  season. 
Holidays  vary  with  the  character  of  the  establishment.  Native 
firms  keep  most  important  legal  days;  Jewish  workers  observe 
their  religious  celebrations.  It  is  plain  from  Plate  D  (page  130) 
that  pay  envelopes  do  not  benefit  from  cessation  of  work,  although 
tired  bodies  may. 

Through  the  courtesy  of  Dr.  Hatch,  Chief  Statistician  of  the 
Labor  Department,  we  received  a  list  of  women  injured  in  paper- 
box  factories  in  Manhattan  from  Oct.  1,  1912,  to  Sept.  30,  1913. 
Out  of  a  working  force  of  3,819  female  employees,  69  cases  were 
reported.  Thirty-nine  girls  were  from  17  to  19  years  of  age. 
Among  the  36  for  whom  time  lost  was  recorded,  115  full  working 
days  were  sacrificed,  in  periods  from  less  than  one  day  up  to  5 
weeks.  Over  three  days  each  was  the  average  for  all  these.  The 
effect  of  injury  on  wages  was  noted  in  13  cases.  In  1  of  these  there 
was  no  change  in  rate ;  in  2  there  was  an  advance ;  and  in  4,  a  re- 
duction. For  the  6  where  change  was  recorded,  the  average  re- 
sult was  a  net  loss  of  $1.12  each  per  week.  For  a  young  woman 
to  begin  her  career  disfigured  and  with  her  earning  capacity  re- 
duced, is  a  greater  hardship  than  can  be  represented  in  terms  of 
weekly  wages. 

ANNUAL  EARNINGS. 

With  this  understanding  of  trade  conditions,  we  may  now  turn 
to  the  problem  of  annual  earnings.  It  must  be  remembered  that 
the  time  required  to  follow  a  great  number  of  workers  through  52 
weeks  was  not  at  the  disposal  of  the  Commission;  and  if  it  had 
been,  the  books  in  many  places  did  not  permit  it.  Payrolls  were 
sometimes  kept  in  the  boss'  pocket  memoranda.  It  will  be  clear 
from  this  remark  that  the  places  where  adequate  accounts  are  kept 
are  generally  the  better  plants,  and  usually  pay  a  fair  scale.  More- 
over, as  has  before  been  noted,  the  operatives  who  stay  10  months 
or  more  with  the  firm  are,  as  a  rule,  the  more  skilled  and  reliable 
hands.  So  we  may  expect  to  find  the  annual  earnings  quoted  above 
the  general  level  for  the  trade. 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  !N".  Y.  CITY.    135 


Table  XV  shows  annual  earnings  for  267  persons  employed  with 
7  representative  firms  for  more  than  43  weeks  during  the  previous 
12  months.  It  will  be  noted  that  the  numbers  are  not  very  large, 
especially  in  the  low-skilled  lines.  We  have  also  used  percentages 
of  numbers  less  than  100,  which  may  appear  statistically  absurd, 
but  which  has  its  justification  in  making  the  comparison  of  pro- 
portional parts  easy.  (See  Table  XV.) 

TAPER    BOXES  TABLE    XV     ANNUAL.    EARNINGS     89     OCCUPATION 

MU  P£*CE.NT    OF    FAGTOPU  WORKERS    &s   Sex 


I 

CUTT,« 

w« 

T^ 

JC* 

n 

ToT 

M.S 

Pi«I 

INT  OF 

*LII» 

EA^SS^ 

3 

3 

2.1 

(0 

1  1 

J 

1 

3 

90 

1  1  2. 

4 

l 

§ 

1 

48 

2-11? 

1oo 

100 

UNDER    K.OO 

i 

h 

1 

1 

1 

1 

g 

ft 

4., 

2,00  -  2.49 

3 

13 

4 

1 

21 

13.7 

Z  So  -2.44 

1 

1 

tt 

15 

j> 

1 

4 

38 

10.-. 

31-1 

300-349 

1 

1 

11 

1 

1 

4 

33 

18.  t 

4<o 

350-399 

^ 

1 

1b 

2-7. 

1 

t 

45 

Z2.-9 

bb-7 

4oe-  449 

1 

| 

13 

17 

1 

a 

31 

*T 

80.8 

450-499 

1 

7 

n 

1 

^ 

24 

31.1 

500-  549 

1 

1 

1 

U 

STJ 

550-  599 

1 

3 

1 

t 

3 

4 

37? 

95_J 

too-  (f>49 

2 

g 

1 

£ 

i 

, 

yj. 

365 

1 

1 

100. 

100-749 

., 

t 

i 

Sb.3 

750-799 

5 

5 

f>f.l 

800-  89S 

i 

3 

4 

75, 

goo-  qqs 

3 

81.3 

1COO-1O03 

3 

3 

G 

1  1  0  o-l  1  99 

iaoo-i?qq 

L 

2, 

^7-9 

1300-1399 

1400-  149^ 

itoo-me 

1 

1 

100. 

The  returns  for  males  are  scattering,  centering  below  $350  for 
less  skilled  occupations,  below  $650  for  ordinary  machine  opera- 
tives, and  under  $900  for  cutters.  For  females,  covering  and  table 
work  outweigh  all  other  occupations,  and  fix  annual  receipts  for 
two-thirds  of  the  women  under  $400. 

Upon  this  basis,  average  earnings  for  weeks  actually  worked 
during  the  year  are  shown  in  Table  XVI.  According  to  this,  over 


oG    APPENDIX  II — -PAPER  Box  IXIMSTKY  ix  X.  V.  CITY. 


half  the  males  receive  less  than  $13,  and  the  majority  of  females 
under  $7.50  a  week.  This  is  somewhat  higher  than  earnings  for 
the  week  taken  in  November,  for  the  reasons  given  above.  (See 
Table  XVI.) 


_X  ^T"         AVERAGE   WeeKi^  EARNINGS 


*T*D  S 


'•"" 

„,- 

*t/TTIW» 

Se-r--, 

wQ.   u* 

3zr. 

£ 

TABU. 

Coven 

~* 

TMtnnt 

T*»..i 

Woiu. 

^ 

&. 

T^. 

,7 

t. 

... 

>-«»t«. 

— 

r   ^SS*S^*^^*TAi_ 

1«« 
1 

3 

Zl 

b 

I/ 

2 

/ 

3 

70 

20 

T«"'>-' 

na 

n^c 
4 

«  —  * 
1 

PW£ 

5 

Sx»^t 

1 

|Wj 

42 

2/9' 

00 

E'^sf 

100. 

VN0r**   3.00 

1 

1 

2i 

*  3...-3« 

1 

2. 

I 

f 

a 

2,3 

3.50-  3.*, 

2 

3 

5 

4» 

4...-4.« 

2 

3 

1 

l 

7 

1.» 

4...  -  IM 

1 

4 

1 

3 

1 

IS 

'4.4 

5...  -  5.  A, 

I 

b 

4. 

7 

2 

1 

3 

18 

y 

22* 

S.s.  -  5.,, 

1 

1! 

z 

10 

1 

23 

03 

53.» 

{,..-  I  «, 

1 

1 

3 

1 

Ii 

2 

;& 

14  b 

40.1 

k*.  -  k.. 

4 

6 

/ 

2 

3 

10 

2ai 

^&t 

1  ..  -  1«« 

I 

ii 

12, 

Z5 

54.  fc 

7.«o  -  7,, 

/i 

1 

12 

31 

7o.« 

&..  -  8.,, 

z 

7 

/4 

Z 

4 

22 

29.  » 

3ag 

9...-9w 

1 

1 

4 

19 

1 

23 

3U 

9/-3 

10...  -lo.»« 

1 

2 

^ 

9 

14 

91.-. 

1  I...-1I.M 

4 

\ 

1 

2 

1 

7 

2 

45.« 

9«-4 

12...  -12.,, 

1 

1 

z 

2. 

3 

3 

52.i 

loo.. 

13...-  13.,, 

1 

1 

54.a 

14..  ,-H.,, 

£ 

£ 

5S.3 

I5...-IS,, 

S 

5 

&s« 

ife...-n.,» 

1 

4 

5 

79.1 

I8...-I9.,9 

| 

2 

53.3 

ZO.P.  -Zf», 

S 

ft 

7 

91., 

IS...-Z9.,, 

3o...-34.«« 

1 

1 

(Oft. 

35.  59.,, 

4o,.A^.w 

EXPERIENCE. 

Table  XVII  shows  for  all  employees,  length  of  experience  in 
the  trade  and  with  the  firm  where  enumerated.  Our  query  as  to 
how  long  these  persons  had  been  at  work  for  wages,  brought  out  the 
response  that  practically  all  had  begun  as  soon  as  the  law  allowed 
and  had  been  at  it  with  few  interruptions  ever  since.  But  as  to 
the  box  industry.,  our  figures  show  a  lagging,  which  indicates  that 
other  trades  had  claimed  some  years.  Among  282  women  in- 
vestigated, who  had  worked  from  less  than  one  year  to  more  than 
35,  we  found  that  92  had  been  in  one  other  line;  26  had  been 


APPENDIX  II  —  PAIM.K  Uox  IXDISTK-Y  i.\   N.  V.  CITY. 


in  two  others,  and  14  had  been  in  three  or  four.     So  the  hoxmaker 
is  not  necessarily  a  specialist  'by  training.     (See  Table  XVII.) 

TABLE  XVII  —  YEARS  EXPERIENCE    (MEDIANS)    BY  AGE. 

Ar.r,  EMPLOYEES. 


AGE  GROUPS. 

YEARS  IN  TRADE. 

YEARS  WITH  FIRM. 

MALE. 

FEMALE. 

MALE. 

FEMALE. 

Years. 

Months. 

Years. 

Months. 

Years. 

Months. 

Years. 

Months. 

14-15  
16-17  

8. 
9.7 
1. 
.7 
11.6 
1.1 
7.4 
6. 
3.4 
8. 
6. 

3 
6 
12 
14 
17 
22 
24 
30 
32 

7.4 
11.9 
1.4 
4.7 
6.9 
5.9 
11.7 
10.5 
6. 

6. 

1 
2 
2 
3 
4 
5 
8 
5 

7.1 
8.2 
10.8 
4.8 
5.6 
9.7 
11.7 
10.5 
5.5 
1.5 
6. 

i 

3 
5 
5 
5 
9 
8 
11 
32 

7. 
9.3 
7.5 
1.5 
2.5 
6. 
3. 

I:5 

3. 
6. 

18-20  
21-24  
25-29  
30-34  
35-39  
40-44  
45-54  

2 
5 
8 
12 
14 
17 
25 
16 
22 

55-64  
Over  65  

Years  with  the  firm,  as  shown  by  the  last  columns,  are  brief 
indeed.  This  further  emphasizes  the  shifting  nature  of  the  force. 
These  figures  show  returns  from  all  departments  of  the  business, 
but  those  for  the  factory  force  alone  show  but  slight  variation  from 
them.  Only  7  per  cent,  of  the  women  workers  had  been  with 
the  firm  10  years  or  more,  and  but  18  per  cent,  of  the  men  had  re- 
mained over  5  years. 

"Xatu rally  a  worker  expects  to  capitalize  such  experience  in  the 
form  of  greater  earning  capacity.  Table  XYIII  shows  that  for 
only  a  short  time  does  a  man's  work  for  a  year  put  a  dollar  a 
week  more  in  his  pay  envelope.  After  10  years'  experience  in  the 
business  the  representative  worker  is  able  to  make  $15  ;  and  after 
25  years,  he  attains  to  $18.44  —  the  high-water  mark.  Half  of  the 
women  rise  to  $8  after  5  years  of  work  and  to  $9  after  8  years. 
The  majority  never  touch  $10.  These  statements  are  also  true 
when  factory  workers  alone  are  considered,  for  they  constitute  85 
per  cent,  of  the  eases  enumerated.  (See  Table  XYIIL) 


138    APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  !N".  Y.  CITY. 


R\PERBox£S.              TABUE    XViLL. 
EAR/VINQ-S   A™  j>  TRADE  EXPERIENCE 

ExpeniENce 

MALE 

FEMALE 

N^MBTTK 

™T%~ 

FARFMI^S-S 

/V^H. 

^W% 

23EII.1U 

LtbS  THAN       / 

129 

23.* 

*A,4» 

1  490 

Z5o 

*    4-30 

1 

28b 

32.3 

8,59 

b!5 

31, 

5.9o 

a 

22b 

39.5 

989 

bZ7 

41.9 

b.Si 

3 

2/0 

4k, 

lt.lt 

5b2 

51.5 

73. 

4 

143 

5as 

1    1.50 

405 

4>4.s 

1.91 

5 

144 

5*« 

I2.3S 

335 

10.z 

S.  -is 

fc 

/(,4 

bO.  4 

12., 

295 

15., 

&ti 

7 

/2b 

(,46 

13.89 

249 

19.4 

3.3, 

8 

/29 

b*., 

I4>z 

1  83 

82.s 

9.3e 

9 

77 

l/.l 

J4,t 

1  1  0 

84.^ 

3.35 

10  -  /4 

312 

S3. 

15.21 

438 

91.9 

9.99 

15-  /9 

2/2 

39.1 

lb.4, 

93* 

95.z 

9.3  b 

20  -  24 

122 

93.4 

1  743 

\  3b 

97* 

8.8  1 

25  -  29 

So 

9b.s 

ia.^ 

84 

39. 

9.19 

30  -34 

b9 

98.7 

17.0  1 

32 

99.4 

8.^ 

35  -  44 

39 

99.9 

11.80 

ZZ 

99.9 

8.0. 

4  5  ANJ>  OVER 

fc 

1  00. 

I  Too 

\ 

I  OO. 

b.T  5 

3144 

58ifc 

APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    139 


PAPER  D  ox  ES. 

TAB,em. 

UARNINGrS     A^p     JERM   or     L.M  Pl-Oi>M£NT. 
INL/IVIBER.   ACID  ?ERe.e/*T.   OF  AUL.  E/vif'L.oyees    Ba    JHEMRS 
WITH    F"mr<ij   AND    MJFD"***   WEEKLY  EARNINGS. 

y*.« 

M    AL.E 

FEMALE 

OF 

NunB^ 

TlVIS       *^ 

S,"',^ 

N^B*. 

—      % 

EA«~',^S 

L.ESS   THAW         / 

/  284 

40.. 

*  8.s, 

Z4  1  9 

41-, 

F 

« 

439 

54.s 

I   1.3* 

8  *>3 

5t.z 

k*< 

ft 

323 

44.T 

IE.5* 

U5 

Wi 

i.bi 

3 

a«e 

T8, 

13.39 

4W 

15.5 

3.  os 

4 

/41 

11.  / 

12.8* 

308 

80.8 

8.Z3 

5 

j  ^9 

8... 

/3.91 

a4z 

84.9 

3.13 

*> 

99 

84.3 

/a« 

1  (>2 

81.7 

&tl 

7 

79 

rvi 

I5.0S 

129 

29.9 

8.8, 

8 

W, 

88.5 

/4.88 

99 

9l.b 

^.98 

9 

3  / 

«9.6 

M.I  o 

ia 

92.7 

9.T3 

/  0  -  /4 

144. 

94.2 

fb.OO 

2.2 

91.1 

&98 

15  ~  19 

58 

9JL* 

n... 

tl 

98.3 

9.S. 

20  -  24 

4( 

91.9 

/«.,7 

55 

39.3 

9.0, 

£5  -  2.9 

3Z 

98.9 

/     2.00 

&4 

99.7 

9.33 

3o  -  34 

22 

99*. 

1    9.00 

12 

99.9 

1.83 

35-44 

9 

/  OO. 

1   1.So 

b 

/  0  0. 

1.25 

45^0v.H 

3  1  51 

58  4  1 

140    APPENDIX  II  --  PAPER  Box  INDUSTRY  IN  1ST.  Y.  CITY. 


I 


'fi     S     3    S 


\ 


PC  1 

LJ 

Q 

Ul 


Mi  .. 


II---  PAIM  K  I><>\  IMHSTKY  IN   X.  Y.  (Yrv.     141 

As  for  sticking  to  the  firm,  Table  XIX  shows  how  that  pays. 
As  compared  with  the  same  length  of  service  in  the  trade,  ordinary 
men  who  stay  in  one  place  get  two  or  three  dollars  a  week  more 
for  the  first  few  years ;.  but  this  gradually  dwindles  to  a  dollar  or 
less  premium  for  steadiness.  For  women  there  is  little  difference. 
Plate  F  shows  the  comparative  progress  in  graphic  form. 

(See  Table  XIX  and  Plate  F.) 

In  considering  progress  in  the  trade,  the  number  of  lines,  or 
occupations,  worked  at  may  give  some  idea  of  the  chances  of  pro- 
motion and  of  the  extent  of  specialization.  Of  283  women  opera- 
tives reporting  on  this  point,  156  (55  per  cent.)  had  worked  at 
one  line  only.  Of  these,  23  had  been  in  the  business  10  years  or 
more.  Ninety-six  had  worked  at  two  lines,  and  31  had  tried  their 
hands  at  three  or  four  operations. 

Table  XX  shows  that  15  per  cent,  of  the  workers  received  an 
advance  in.  wages  during  the  course  of  a  year.  For  two-thirds  of 
all  males  raised  and  for  seven-eighths  of  the  girls  and  women, 
this  amounted  to  50  cents  or  $1  a  week.  Other  details  are  shown 
in  the  table.  (See  Table  XX.) 


142    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  !N~.  Y.  CITY. 


TABLE  XX  — RAISED  IN  ONE  YEAR. 

NUMBER  AND  PERCENT  OF  ALL  WEEK  WORKERS  IN  NINE  FACTORIES,  WITH  AMOUNT 

OF  ADVANCE,  BY  SEX. 


Males. 

Females. 

Both. 

Per  cent, 
of  all. 

Total  employed  

631 

1,236 

1,867 

100. 

AMOUNT  OP  RAISE. 
No  raise 

498 

1  083 

1  581 

84  5 

$0  25-$0  49 

1 

2 

3 

0  2 

0.50-  0,99  
1  .  00-  1  49             

25 
63 

108 
27 

133 
90 

7.1 
4.8 

1.50-  1.99  

7 

7 

14 

0.7 

2.00-  2.99         

27 

g 

35 

1.9 

3  00-  3  99 

5 

1 

6 

0.3 

4.00-  4.99  
5  00-  5  99 

1 
2 

1 
2 

0.1 
0.2 

6.00-  6.99  

2* 

2 

0.2 

Total  raised 

133 

153 

286 

15  5 

*  One  of  these  was  raised  $8.00. 


HOME  WORK. 


Our  investigators  found  some  home  work,  both  in  fine  and  coarse 
grades  of  goods.  Elaborately  decorated  cardboard  boxes  and  favors 
are  done  in  this  way.  Occasionally  a  factory  worker  takes  mate- 
rial home  to  finish  herself,  or  has  other  members  of  the  family 
help.  Certain  tasks,  as  fitting  parts  together,  can  be  done  per- 
fectly well  by  outworkers,  and  some  of  these  have  been  found. 
Their  connection  with  a  factory  is  apt  to  be  uncertain  and  their 
earnings  very  small.  Such  work  is  usually  regarded  as  fur- 
nishing a  supplementary  wage  to  housewives.  The  following  list 
taken  from  one  factory,  shows  one  week's  earnings  and  the  length 
of  time  the  homeworker  had  been  on  the  firm's  payroll. 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  1ST.  Y.  CITY.    143 


Worker. 

Week's  earnings. 

Weeks  with  firm. 

L  S 

$0  25 

1 

W.  S. 

25 

3 

W.  McD 

25 

10 

N.  F..  . 

40 

2 

V  G.   .  .    . 

60 

1 

Mrs.  M..  . 

2  50 

1 

G.  D'A         

2  50 

16 

Mrs  K 

3  00 

5 

L.  W  

5  00 

41 

Total  (9)         .... 

$14  75 

80 

Average      

$1   64 

9 

These  meagre  data  indicate  that  few  persons  could  live  on  such 
precarious  earnings,  and  that  extensive  competition  by  homework- 
ers  would  be  disastrous  for  the  trade.  We  have  not  attempted  to 
investigate  the  extent  of  such  work,  but  we  believe  its  continuation 
in  connection  with  containers  for  food  has  an  important  sanitary 
side  as  well  as  an  economic  bearing. 

WAGES  AND  MARRIAGE. 

We  have  remarked  that  the  number  of  young  single  women  in 
the  paper  box  trade  is  very  large.  Men  who  enter  the  business 
must  compete  on  a  general  wage  scale  that  is  established  largely 
by  the  earnings  of  this  kind  of  help.  Indeed,  although  married 
people  are  usually  steadier  than  those  without  direct  domestic 
responsibilities,  it  is  questionable  whether  the  support  of  a  family 
is  generally  the  basis  for  fixing  wages.  The  following  table  shows 
the  amount  of  weekly  earnings  below  which  half  the  persons  in 
each  marital  group  were  found.  (Table  XXI.) 

TABLE  XXI. 
MEDIAN  EARNINGS  BY  CONJUGAL  CONDITION. 


MALES. 

FEMALES. 

All 
employees. 

Factory 
workers. 

All 
employees. 

Factory 
workers. 

Single  

$9.52 
14.64 
15.60 

$9.25 
14.90 
14.50 

$6.74 
7.65 
8.21 

$6.64 
7.61 
8.11 

Married  \ 
Widowed  or  divorced  

1-44    APPENDIX  II — PAPER  Box  INDUSTRY  JN  X.  V.  CITY. 


EARNINGS  AND  NATIVITY. 

As  already  indicated,  immigrants  tend  to  fill  in  the  less  skilled 
occupations  and  therefore  as  a  rule  are  paid  lower  than  natives. 
We  have  also  remarked  that  foreign  men  enter  lines  where  native 
women  and  boys  do  much  of  the  work.  The  following  table  shows 
that  in  all  positions,  the  recompense  for  those  born  abroad  is  less, 
and  this  despite  the  fact  that  the  age  of  foreigners  is  as  a  rule 
higher  than  that  of  native  workers  in  this  line.  (See  Table  XXII.) 

TABLE  XXII. 
MEDIAN  WEEKLY  EARNINGS  AND  NATIVITY. 


MALKS. 

FEMALES. 

All 
employees. 

Factory 
workers. 

All 
employees. 

Factory 
workers. 

Native         

$12.33 
11.44 

$123.4 
111.6 

$6.41 
6.29 

$6.78 
6.77 

Foreign  

WAGE-EARNING  WOMEN. 

The  following  summary  of  personal  interviews  is  presented 
from  a  summary  by  the  field  agents: 

Interviews  were  held,  in  the  factories  and  in  the  homes,  with  227 
women  representing  thirty^seven  factories.  Full  trade  histories 
were  secured  in  almost  all  cases  and  reasonably  full  personal  his- 
tories. Sometimes,  when  there  was  perfect  willingness  to  answer, 
memories  were  not  ready  or  accurate.  That  is  why  questions  as 
to  hours,  holidays,  etc.,  were  asked  many  times  in  the  same 
factory.  One  girl  declared  that  the  factory  had  been  open 
every  Saturday  during  the  previous  summer,  for  she  remembered 
they  were  always  paid  that  day.  Eighteen  other  girls,  the  pay-roll 
and  the  proprietor  agreed  that  work  had  been  very  slack  and  the 
factory  closed  on  Saturdays  the  whole  summer.  In  another  case, 
six  girls  gave  the  list  of  legal  holidays  observed,  and  said  they 
were  not  paid  for  them,  before  one  mentioned  that  they  were 
always  paid  for  Christmas  Day. 

When  it  came  to  the  personal  histories,  the  questions  as  to  age, 
nativity  and  education  were  willingly  answered,  but  there  was 


Ai'i'i:.\i>ix  II-     ['AIM-IK  Uox  INDUSTRY  IN  N.  V.  CITY.     1  !."» 

often  reluctance  to  give  the  occupations  and  earnings  of  other 
members  of  the  family  group.  "  I  don't  know "  was  an  easy 
refuge,  and  the  agents  did  not  use  undue  pressure  to  overcome  it, 
as  willing  information  was  considered  the  most  reliable.  N<> 
doubt  in  many  cases,  the  girls,  especially  the  younger  ones,  really 
did  not  know,  for  there  is  a  certain  reserve  on  the  part  of  male 
members  of  a  family  in  regard  to  their  earnings. 

The  personal  budget  was  another  difficulty.  Lund  icon  and 
carfare  expenditures  were  easy  to  obtain;  clothes  and  spending 
money,  much  less  easy;  savings,  almost  impossible.  There  is  no 
reason  to  doubt  that  those  who  reported  savings  really  had  them, 
but  probably  some  of  those  who  did  not  answer  or  who  answered 
'*  Xo,"  were  unwilling  to  admit  having  them. 

"  Clothes  "  were  also  a  problem.  Xo  one  was  able  to  answer 
off-hand,  except  to  say,  ki  My  mother  buys  them,"  "  What  I  have 
left,  I  spend/'  or  "  Not  much."  When  a  girl  seemed  friendly  and 
intelligent,  a  good  deal  of  time  was  spent  in  figuring  out  with  her 
everything  she  had  bought  in  the  last  twelve  months.  When  the 
interviews  were  taken  in  the  factories,  the  cost  of  every  large 
article  could  be  obtained,  including  shoes,  stockings,  and  some 
underwear;  but  ribbons,  collars,  handkerchiefs,  and  other  inci- 
dental expenses  were  lumped  together  at  the  judgment  of  the 
agent.  It  is  thought  that  the  totals  are  not  much  out.  When  the 
interviews  were  taken  in  the  homes,  more  than  one  visit  could  be 
made  and  detailed  and  careful  budgets  were  obtained. 

The  women  interviewed  were  fairly  representative  of  the  trade 
as  to  nationality,  but  averaged  older  and  steadier,  and  therefore 
their  median  wage,  $7.50,  was  higher  than  the  median  wage  for 
women  in  the  whole  trade.  Questions  as  to  loss  of  time  for  indus- 
trial or  personal  reasons  showed  an  average  loss  per  person  of 
twenty-eight  working  days  per  year.  If  we  add  the  eight  legal 
holidays  usually  observed  and  not  paid  for,  the  wages  are  reduced 
by  0  per  cent.,  that  is,  to  $6.90.  In  the  opinion  of  the  agents 
this  is  an  optimistic  estimate.  Nevertheless,  in  all  the  estimates 
of  expenditures  which  follow,  the  rates  of  wages  are  taken  as  if 
they  were  the  actual  earnings  because  the  girls'  own  estimates  are 
based  on  them.  Ruth  S ,  for  instance,  said  that  she  spent 


146    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY. 


$150  a  year  for  her  clothes  because  she  was  then  spending  $3  a 
week,  and  did  not  take  into  account  the  six  weeks  of  the  preceding 
winter  when  she  had  no  work  at  all. 

Education  —  Thirty-two  of  the  foreign  born  had  had  either  no 
schooling  at  all,  or  less  than  a  year's  schooling.  Their  average 
age  was  20;  their  average  wage,  $6.85.  Of  the  others,  110  left 
school  at  14  or  under,  and  all  but  five  had  left  school  at  16  or 
under.  Book-learning  is  less  needed  than  manual  dexterity.  In 
all  the  good  shops  there  is  a  regular  system  of  progression  from 
turner-in  to  stripper  or  top-labeler.  But  this  progression,  which 
usually  takes  several  years,  could  in  most  cases  be  accomplished  in 

a  few  months.  For  example,  Mrs.  K ,  a  deserted  wife,  with  a 

mother  and  two  children  dependent  upon  her,  secured  a  position 
as  stayer  through  the  influence  of  the  foreman.  u  I  told  them  I 
would  not  come  for  less,"  she  said,  and  she  was  at  once  able  as 
piece  worker  to  earn  $10  a  week.  Now,  after  two  years,  she 
makes  $11  or  over.  Evidently  it  is  not  a  really  skilled  trade. 

Domicile. —  Sixty-four  per  cent,  were  living  at  home ;  19  per 
cent,  were  living  with  relatives;  17  per  cent,  were  lodging  with 
strangers.  (See  Table  1.) 

TABLE  1. 
NUMBER  OF  FEMALE  WORKERS  BY  AGE  ACCORDING  TO  RESIDENCE. 


Totnl 

A 

3E. 

Under  16. 

16  and  over. 

178 

19 

159 

With  relations  

53 
36 

2 

51 
36 

Lodging  with  strangers  

9 
1 

9 
1 

Total 

277 

21 

256 

Most  of  the  group  were  single,  many  of  them  girls  looking 
forward  to  matrimony  as  a  release  from  the  factory.  One  young 
girl  said,  "  I  am  sick  and  tired  of  this  work,  stripping  all  the 
time ;  it  makes  me  dizzy.  There  is  one  hope  for  us  and  that  is  to 
get  married ;  it  is  easier  than  doing  this.77  However,  some  of  the 
married  ones  go  back  to  the  factory  because  they  "  want  to  live 


APPENDIX  II  —  PAPEB  Box  INDUSTRY  IN  N.  Y.  CITY.    147 

right,"  which  means  clothes  or  amusements,  or  becar.se  they  think 
it  is  "  better  than  staying  home,  just  sitting;"  and  still  others  are 
forced  back  by  family  misfortunes.  Eleven  out  of  the  twenty-two 
married  ones  were  childless  wives  of  men  able  and  apparently 

willing  to  support  them.     Mrs.  D ,  a  woman  of  50,  has  a 

husband  and  two  sons  working,  but  "  My  husband  may  die,  and 
the  boys  may  marry,  and  where  should  I  be  then  ?  "  So  she 
works  short  hours  in  a  factory  where  she  has  privileges,  and  has 
laid  up  in  the  bank  against  a  rainy  day  $500,  of  which  her  hus- 
band and  sons  know  nothing.  Others  work  because  their  husbands 
are  ill  or  out  of  employment. 

Composition  of  Households. —  We  obtained  data  concerning  the 
families  of  156  women  living  at  home.  A  typical  family  con- 
sists of  5  or  6  members,  3  of  whom  are  wage  earners.  In  8 
families,  the  paper  box  worker  was  the  only  wage  earner;  in  45 
families,  29  per  cent,  of  all,  with  214  members,  there  was  one 
other  wage  earner  beside  the  45  paper  box  workers;,  in  52  other 
families,  34  per  cent,  of  all,  with  317  members,  there  were  two 
other  wage  earners  in  each.  (See  Table  2.) 


148    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  X.  Y.  CIT 


Box  us 


TXeut 


OF 

NUMBER  OF 


OF    GttveN      SIZE 
IN  E.ACH 


Niu/ABtn  or 

PtRSONt 

i  •*  FA^MLW 

NU/^OIK 

HU^OKM.   or   W*«-i    EARM&KS  IN    FA/^«LS 

TOTAL 
Ntf/"t»eA,  or 

Wn.*i  EAKNM 

FAf«iL'ts 

1 

2. 

3 

4 

5 

fe 

a 

9 

G 

a 

i  0 

3 

1  s 

1 

13 

1 

30 

4 

19 

6 

11 

z, 

53 

S 

35 

1 

7 

H 

13 

1  09 

(o 

34 

10 

11 

10 

3 

1  OS 

7 

13 

5 

^ 

3 

1 

^3 

8 

14 

1 

5 

G 

1 

1 

5Z 

9 

9 

1 

3 

1 

3 

1 

36 

1  0 

6 

z 

A 

ZZ 

11 

e 

\ 

1 

IO 

92 

1. 

1 

S 

TOTAL. 

1  5-fe 

8 

*!5. 

sa 

37 

1  0 

A 

<m 

We  got  full  reports  as  to  earnings  from  98  families,  whose  com- 
position was  as  follows : 


Total  families 


98 


Persons  under  14  years  of  age 114 

Persons  over  14  years  of  age 404 


Total  persons   518 


AlM'KXlMX    II-       PU'KK    1>()\    I.\l>rsTUY    IN     X.    V.    ClTY.       140 

We  should  expect  the  number  of  wage  earners  in  In-  large,  for 
by  st  lection  we  are  dealing  principally  with  the  families  of  single 
wage  earning  women  of  18  or  over,  where  there  would  be  normally 
a  male  wage  earner,  the  father,  and  presumably  one  other  wage 
earlier.  We  are  dealing  therefore  in  general  with  families  at  the 
highest  point  of  their  prosperity,  when  the  fathers  are  still  work- 
ing, and  some  of  the  children  have  come  to  working  age. 

It  we  distributed  the  individuals  evenly  among  the  families 
we  should  have  a  typical  family  consisting  of  five  persons.  Three 
of  these  would  be  wage  earners,  one  an  adult  at  home  and  one  a 
child.  Their  weekly  income,  of  which  27  per  cent,  would  be  con- 
tributed by  the  paper  box  worker,  would  be  $26.  This  might 
possibly  be  adequate  for  a  normal  family  of  two  adults  and  three 
children  if  steady  employment  could  be  counted  on.  But  here  we 
have  to  deal  instead  with  three  wage  earners  and  their  absolutely 
essential  expenses  of  lunch  and  carfare  and  their  increased  need 
of  food  and  clothing.  (See  Table  3.) 


150    APPENDIX  II  —  PAPEB,  Box  INDUSTRY  IN  N.  Y.  CITY. 


B, 


APER  -POXES 


3. 


OF  F 


IZ.E, 


I/VCOME  OF  EACH. 


FAMI  I_Y 

WEEKLY 
E.ARf4tN  &S 

No  MSB.  p. 
OP 

NUMBER  OF   PERSONS  us  FAI^MUY 

Muriate 

o?  PEB&°r«$ 
n»  FAMIUCS 

FA^ILVES 

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23 

l4,oo.J4.<39 

a 

i 

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15.  oo  -IS.  9.  4 

lfe.oo-l7.<J<J 

4 

i 

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1 

20 

l8.«o_J9.oe 

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i 

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£ 

1 

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t5.oo-2,9.e^ 

t£ 

fc. 

3 

3' 

fc 

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I 

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91 

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SO.  oo-  J^.  99 

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i 

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S5.oC.S9,99 

1 

1 

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feO.oo-M.99 

e. 

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te.-io-b9.9s 

i 

1 

9 

TOTAL,     S    93 

9 

i  ! 

IS 

18 

£3 

S 

6 

5 

3 

518 

PERSONAL  BUDGETS. 

Contributions  to  the  Families. —  Of  the  178  who  lived  at  home, 
116,  or  65  per  cent.,  turned  in  all  their  wages.  Several  others 
contributed  all  but  $1  which  they  used  for  their  small  expenses. 
Those  who  paid  board  at  home,  paid  in  most  cases,  $3,  $3.50  or 
$4.  Those  who  lived  with  relatives  occasionally  turned  in  every- 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N".  Y.  CITY.    151 


thing,  but  were  more  apt  to  pay  board  varying  somewhat  with 
their  wages.     The  usual  board  is  $3  or  $3.50. 

Carfare.  —  Carfare  is  a  serious  drain  on  some  of  the  small 
incomes.  Forty-four  per  cent,  spend  carfare  in  going  to  and  from 
work,  and  most  of  these  pay  60  cents  a  week,  though  some  pay 
$1.20,  and  one  who  comes  from  New  Jersey  spends  $1.60. 
Emily  M—  —  ,  16  years,  who  earns  $3,  and  Beckie  W  --  , 
Mary  S  --  ,  and  Amelia  E  --  ,  who  earn  $4,  spend  60  cents 
each.  The  wages  of  those  who  ride  average  $7.50  a  week,  and 
of  those  who  walk,  average  $5.50.  Those  who  earn  the  smaller 
wages  do  not  all  live  near  the  factories,  but  very  often  walk  long 
distances  to  work.  For  most  of  them  the  expenditure  of  time  and 
strength  adds  greatly  to  the  length  and  fatigue  of  the  working 
day.  Carfare  takes  7.7  per  cent,  of  the  wages  of  those  who  ride, 
and  3.7  per  cent,  of  the  wages  of  the  whole  group.  (See*  Table  4.) 


PAPE.R.  BoxtA  TABLE  A  . 

WttKLY       EXPENDITURES        FoR        CARFARE. 

To  ANB   FRO/*\    Wo**.     BY    RATE    or 


RATE  OF 

WttKLy     E>*PE,M3>lTuftE.a 

Nu/-\»ti«. 

PAUIN4L 

CARFAML 

NuMtmn. 
PAVING  M6 
CARPARK 

ToTAU 

fjj.  10 

10  to 

fd.30 

*o.^. 

>0.,a 

'o.  t« 

/O.fO 

TO  «» 

M.  00 

& 

Uta*  THAF4 
*3.00 

I 

1 

3.oo  -   3.49 

I 

1 

3 

4 

3.SO-  3.<w 

3 

3 

4  oo_  4.«» 

1 

1 

3 

S 

4 

9 

4,»o—  <3.<3<J 

1 

1 

1  S 

It 

S.oo-    S.«9 

1 

1 

4 

I 

1 

8 

Z\ 

29 

S.S.  -  5  49 

1 

I 

7 

1 

10 

Zl 

32, 

U..-    L..49 

\ 

1 

3 

I 

I  ! 

1 

1  8 

Z4 

42, 

(aSo-    b99 

Z 

t 

1  1 

13 

7  *«  -  7.«9 

z 

e 

1  1 

13 

2.4 

7  50  -  791 

I 

4 

1 

£> 

7 

13 

800-  8°, 

1 

Z 

I4 

I 

18 

n 

3o 

9oo_  9.oq 

1 

1 

I  3 

e 

S 

2^ 

13 

3  fi- 

IOo.O«M»CVt< 

1 

I 

I  t 

Z 

2.0 

4> 

at 

TbTAU 

G 

3 

10 

Z 

Z 

84 

1 

1 

3 

2, 

3 

1  2,2, 

Jff5 

^77 

152     APPKMMX  1 1  — PAPER  Box  INDUSTRY  ix  X.  Y.  CITY. 


Luncheon. —  Two-fifths  of  the  number  bring  their  luncheon 
from  home;  three-fifths  buy  it.  The  typical  amounts  expended 
are  10  or  15  cents  a  day.  Most  of  those  who  spend  less  than 
10  cents  bring  something  from  home  as  well.  Lunch  is  often 
bought  from  a  peddler  who  comes  into  the  factory,  or  else  one  of 
the  girls  or  boys  goes  out  to.  get  what  is  needed  for  a  group.  A 
few  of  the  higher  paid  go  to  restaurants.  It  is  interesting  to  see 
liow  steadily  the  luncheon  expenditures  rise  with  the  wages. 
After  a  $5.50  wage  is  reached,  the  number  of  those  spending 
lunch  money  is  always  greater  than  those  not  spending.  For 
those  who  buy  lunch,  $7.50  is  the  average  wage  and  they  s 
10.7  per  cent,  of  it  on  luncheon.  (See  Table  5.) 


BOXES 


WE.B.KLU 


By 


TABLE.     5 

ITURES      FOR     Lu 

OF  WACES 


IMCHE.ON 


RAT*  oF 

ta 
•  11 

^ 

\A 

/<).*> 

-  -59 

'0-4C.I^O   60 

'O.feo 

^0.70 

*0«o 
-  89 

'0.40 

—   .91 

*  |.  00 

-i-  °a 

*  i  i« 

-  1  •  '9 

£S 

NuMOtR 

•S- 

ToTAU 

U«T   /3« 

1 

1 

1 

3.o«-  3  19 

1 

1 

3 

4 

3.Sb_  3.99 

1 

1 

a 

3 

4.00  _  4  .49 

t 

1 

* 

1 

5" 

3 

8 

4.*>  -4-99 

1 

1 

1 

3 

9 

I2/ 

*-  _  S«* 

1 

1 

3 

1 

t 

1 

9 

19 

Z8 

5.  so  _  5.99 

Z 

1 

1 

4 

4 

1 

4 

1 

18 

12. 

30 

fo.o._^ 

t 

3 

fe 

1 

10 

e 

i>4 

It 

40 

(0.50.    b* 

1 

2 

2 

* 

7 

5 

1  Z 

T.-  -  7*9 

a 

1 

1 

3 

2, 

4 

13 

8 

2,1 

7-So_7.99 

1 

z 

£ 

Z 

7 

u 

1  3 

800        8.99 

* 

7 

Z 

1 

3 

1 

1 

Z 

19 

9 

ZB 

a-  __  9.9, 

1 

1 

4 

3 

t 

7 

3 

4 

24 

1  0 

34 

1  O..o  AND  OVER. 

1 

3 

1 

L, 

2, 

7 

ao 

t 

*(, 

TOTAL 

1 

t 

\z 

2, 

ia 

34 

\Z 

4 

4o 

" 

* 

19 

1S2, 

108 

^feo 

Spending  Money. —  It  was  not  very  easy  to  get  data  regarding 
spending  money,  under  which  head  are  included  all  expenditures 
for  recreation,  moving  pictures,  pinnies,  dances  (when  the  girls 


Al'I'K.MHX     II        -   PAPKR    I»nX    IxiH'STKY    !  .\     X.    Y .    ClTY.       IT).") 

ii'o  to  any),  carefares  to  see  friends,  etc.  In  some  families,  when 
the  girl  tin1  us  in  her  pay  envelope,  it  is  the  custom  for  the  mother 
t*>  liive  her  hack  25  cents,  50  cents,  or  $1,  which  she  is  to  use  for 
nil  her  little  expenses.  In  other  families  this  is  done  on  Sunday. 
But  sometimes  the  girls  would  say,  "  When  I  want  anything  I 
ask  my  mother,"  or  "  What  I  want  my  mother  give*  me."  Care- 
ful questioning  could  usually  bring  out  how  much  the  mothers 
had  been  giving  them  in  the  last  few  weeks.  It  is  probable  that 
some  expenditures  for  clothes  are  included  in  the  spending  money. 
In  many  cases,  stockings,  collars  or  any  little  article  of  personal 
adornment  must  be  bought  out  of  the  50  cents  a  week  given  to  the 
girl.  The  average  amount  of  spending  money  is  50  cents  a  week, 
which  is  8  per  cent,  of  the  weekly  wage  of  those  reporting. 

Clothes. —  Keports  of  expenditures  for  clothes  were  obtained 
from  70  girls  and  women.  Half  the  number  of  girls  reporting 
spent  less  than  $70  a  year  on  clothes.  The  average  per  cent,  of 
income  expended  was  19.5.  A  few  girls  sew  for  themselves;  more 
have  mothers  or  sisters  who  sew  for  them ;  the  majority  buy  most 
of  their  clothes  ready-made  and  get  in  consequence  the  style  they 
lovo,  but  flimsy  materials.  A  disproportionate  amount  is  often 
spent  on  outer  garments.  (Sec  Table  G.) 


154:    APPENDIX  II  —  PAPEE  Box  INDUSTRY  IN  1ST.  Y.  CITY. 


B 


OXES. 


TABLE    b. 
AU    EXPENDITURES  OF  "FeMAi-e  WORKERS 

TOR     CuOTHES,     BH     RATES    OF   WA<*ES. 


jr-;t 

A/v*,,^    £Txpe«D,-r^Res       x, 

To.A, 

.0^ 

5$TC 

3$T> 

JS" 

59. 

bQ.ro 

o9. 

I0.ro 

ji:TO 

29.  ° 

IOC- 
IO9. 

110.- 
II  9. 

HO.- 
J2.9 

BS: 

S? 

150.- 
159. 

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E"o  doubt,  a  wiser  expenditure  would  produce  more  satisfac- 
tory results  for  the  same  amount  of  money,  or  even  make  less 
money  necessary,  but  girls  who  go  to  work  at  fourteen  have  no 
opportunity  to  learn  to  sew  and,  indeed,  dressmaking  at  night  is  a 
tax  on  strength  and  should  not  be  demanded  of  working  women. 
As  for  the  mothers,  it  is  not  fair  that  they  should  be  required  to 
subsidize  their  working  daughters  to  that  extent. 

Fifty  dollars  a  year  would  seem  to  be  the  very  lowest  amount 
on  which  a  young  woman,  careful  in  her  expenditures,  prudent  in 
the  manner  of  wearing  her  clothes,  and  skillful  in  repairing,  can 
make  a  merely  decent  appearance.  That  is,  if  her  life  is  to  con- 
tain anything  but  going  to  work  in  the  morning,  and  coming  back 
again  at  night. 


APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  N.  Y.  CITY.    155 

The  following  is  the  actual  budget  of  E.  W-  — ,  for  expendi- 
tures for  clothes  during  the  past  year.  Her  regular  rate  of  wages 
is  $5.50  per  week. 

2  hats,  1  at  $2.50  and  1  at  $1.50 $4.00 

1  coat 9.00 

2  skirts  at  $3.50  each 7 . 00 

1  sweater 3 . 00 

2  cloth  waists  at  $1   2 . 00 

5  shirt  waists  at  35c 1 . 75 

3  petticoats  at  $1   3 . 00 

2  doz.  handkerchiefs  at  25c.  a  dozen .50 

1  pair  mittens   .25 

1  pair  of  summer  gloves .25 

50  pairs  of  stockings  at  9c.  . 4. 50 

3  pairs  of  shoes  at  $2 6 . 00 

Repairing  shoes 1 . 00 

10  undervests  at  15c 1 . 50 

3  pairs  of  drawers  at  25c.   . .75 

4  corset  covers  at  15c .60 

1  corset 2 . 00 

1  pair  of  overshoes   .  . .65 


Total $47 . 75 


Stockings  are  the  only  seeming  extravagance.  In  every  other 
respect  the  expenditures  are  very  modest.  When  the  annual 
expenditure  is  less  than  $50,  there  is  usually  dire  poverty  or  a 
special  explanation. 

A.  R ,  who  earns  $5.50  a  week,  has  spent  $10  on  clothes  in 

the  past  year.  She  is  a  woman  of  45  who  had  a  good  stock  of 
clothes  when  she  had  the  misfortune  to  lose,  through  failing  eye- 
sight, a  much  better  position,  and  she  does  not  know  how  she  can 

manage  when  these  things  are  worn  out.  Beckie  B earns  $7, 

but  as  her  food  and  lodging  cost  her  $5  a  week,  she  has  to  make 
$35  a  year  suffice  for  clothing.  She  manages  by  doing  all  her 

own  sewing.  Mrs.  S ,  who  earns  $5  a  week,  puts  $160  of  it 

on  her  person,  but  she  has  a  husband  who  gets  good  wages.  The 


15(5     APPKMHX  II --PAPER  Box  IxnrsTiiY  K\  X.  V.  CITY. 

girls  on  small  wages  who  spend  largely  on  clothes,  are  subsidized 
by  their  families. 

Laundry. —  Expenditures  for  laundry  are  almost  negligible. 
The  mothers  do  it  generally ;  the  landlady  may  do  it ;  and  in 
many  cases  the  girls  do  it  themselves. 

Dues. —  One  hundred  and  twenty-two  out  of  206  who  gave 
information  on  this  point  paid  dues  in  some  form.  Many  of 
these,  usually  native  Americans,  paid  insurance ;  two  paid  union 
dues;  and  only  four  paid  club  dues. 

THE  GIRL  WITHOUT  A  HOME. 

Of  the  women  interviewed,  40,  or  17  per  cent.,  did  not  live  a  I 
home.  Their  cases  deserve  to  be  well  studied  both  for  their  own 
sakes  and  for  the  better  understanding  of  the  financial  status  of 
the  girl  who  lives  at  home.  The  well-being  of  the  latter  depends 
principally  on  the  well-being  of  her  family.  She  gets  more 
clothes,  maybe,  and  better  food  and  lodging,  certainly,  if  her  father 
is  well-to-do. 

Cost  of  Board  and  Lodging. —  Of  the  46  women  and  girls  liv- 
ing alone,  38  were  entirely  self-supporting.  Some  of  these  girls 
board ;  others  live  in  furnished  rooms,  getting  their  meals  outside ; 
and  one  woman  has  her  own  little  apartment.  Fourteen  live  in 
furnished  rooms.  Three  of  these,  who  are  American  born,  pay 
$2  to  $2.35  a  week;  eleven,  all  Russian  born,  pay  $3  a  month  for 
"  sleeps,"  as  one  of  them  expressed  it.  This  is  apt  to  mean  a  sofa 
in  a  room  with  others,  or  one-half  of  the  landlady's  bed.  Meals 
may  be  taken  with  the  landlady  or  bought  at  a  restaurant.  Break- 
fast consists  usually  of  coffee  and  rolls  or  an  apple  from  a  fruit 
stand.  Many  go  without  breakfast.  Luncheon  of  meat  and 
potatoes  and  a  vegetable  or  dessert,  is  apt  to  cost  15  cents.  Dinner 
costs  15  to  25  cents.  Three  dollars  is  the  usual  weekly  cost 
of  food,  including  luncheon.  It  could  not  well  be  less.  Tho 
minimum  amount  paid  for  lodg'ng,  which  is  also  the  usual  amount 
in  the  case  of  the  foreign  born,  is  TO  cents  a  week,  making  a 
total  cost  for  board  and  lodging  of  $3.70.  This  is  almost  precisely 
the  usual  amount  paid  bv  those  who  board  and  lodee  in  the  same 


1'K.MMX 


1 1        PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    157 


house.  There  are  wide  differences,  of  course,  the  smallest  amount 
I'm-  hoard  being  $2.50,  the  largest  $5.75.  The  expenditures  vary 
partly  with  the  wages.  Most  of  the  girls  spend  51  per  cent,  of 
their  wages  for  board  and  lodging. 

For  the  self-supporting  girl,  all  other  expenditures  vary  much 
more  directly  with  the  income  than  is  the  case  with  the  girl  at 
home. 

Clothes. —  Seventeen  women  reported  expenditures  for  clothes. 
More  than  half  of  these  spend  less  than  $65  a  year  each. 

Spending  Money  and  Laundry. —  Spending  money  averages  50 
cents  a  week.  In  only  4  cases  are  laundry  expenses  reported.  In 
18  cases  out  of  38,  the  girl  is  specifically  said  to  do  it  herself. 
This  is  no  insignificant  tax  upon  her  strength. 

Insurance  and  Savings. —  Four,  all  American  born,  pay  insur- 
ance of  from  30  cents  to  35  cents  a  week.  Five,  all  .Russians,  re- 
port savings.  One  whose  wages  are  $10.50  has  saved  $-200.  The 
others,  whose  wages  are  $7,  $8,  $8.50  and  $9,  have  saved  $20, 
$30,  $60  and  $50  respectively.  Very  likely  still  others  have 
savings. 

It  can  be  easily  seen  that  a  girl  whose  wage  rate  is  $7.50  a 
week  and  whose  actual  earnings  do  not  average  more  than  $6.90, 
must  be  poorly  housed,  insufficiently  fed  and  meagerly  clothed. 
Any  need  for  a  doctor  or  dentist,  any  call  to  help  needy  relations 
on  this  side  or  the  other,  must  result  in  actual  deprivation.  "  I 
could  get  on  all  right  with  $9,"  said  one  girl  whose  weekly  wage 
was  supposed  to  be  that.  "  But  there  is  a  holiday  this  week.  Last 
week  I  was  sick  a  -day.  There  is  always  something.  I  cannot 
plan  on  more  $7.50  and  that  is  very  hard." 

REPRESENTATIVE  CASES  AND  BUDGETS. 

Of  the  277  women  interviewed  there  were  73  who  had  others 
partially  or  entirely  dependent  upon  them.  They,  like  those  away 
from  home,  are  in  the  minority,  but  both  groups  are  numerous 
enough  to  be  considered  and  together  they  form  a  large  percentage. 


158    APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  N.  Y.  CITY. 

No.  421. 

Mrs.  Annie  F—  — .  Age  24.  Russian.  Wages,  $6.  Her  hus- 
band is  ill  in  Europe.  She  has  two  children  7  and  3  years  of  age. 
The  three  live  with  her  husband's  mother  to  whom  she  pays  $3  a 
month  for  lodging  and  $4  a  week  for  board. 

No.  258. 

Loretta  B. .    Age  15.    Of  American  parentage.    Her  father 

is  dead.  Her  mother  earns  a  little  by  cleaning.  Loretta's  wages 
are  $5  a  week.  A  sister,  16,  earns  $5.  A  grandmother  who  lives 
with  them  and  a  sister  of  17  are  at  home  ill.  A  brother  of  10  and 
a  sister  of  11  go  to  school. 

No.  334. 

Gertie  S .     Age  26.     Of  American  parentage.    Wages,  $8. 

Her  father,  60  years  old,  does  not  work.  Her  mother  and  one  sis- 
ter do  the  housework.  One  sister  temporarily  out  of  work.  One 
sister  earns  $15  a  week. 

No.  401. 

Gussie  S .    Age  15.    Russian.    Wages,  $3.50.    Her  mother 

earns  $3.50  a  week  housecleaning.  Her  brother  of  13  goes  to 
school. 

No.  248. 

Kitty  P .     Age  37.     American.     Father,  Irish.     Wages, 

$7.50.  She  and  one  sister  live  together.  The  sister  is  48  and 
cannot  work.  They  have  one  lodger  who  pays  $2  a  week.  Miss 
P loses  much  time  by  illness. 

No.  407. 

Sadie  F—  — .  Age  18.  American.  Father,  American.  Wages, 
$6.  Her  father  has  not  worked  for  four  years.  Her  mother  earns 
$4  a  week  by  washing. 

No.  452. 

Frieda  F .     Age  23.     Russian.     Wages,  $12.     Father  and 

one  sister  are  unable  to  work.  A  second  sister  is  feeble-minded. 
The  mother  does  the  housework.  Frieda  is  the  sole  support  of 
the  family. 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    159 

DATA  OBTAINED  IN  THE  HOMES. 

The  following  data  have  been  selected  from  schedules  obtained 
in  the  homes : 

No.  513. 

Beckie  T .     Age  19.    Russian.     She  has  been  in  America 

only  three  months.  Both  father  and  mother  are  in  Russia.  She 
has  one  brother  in  New  York,  aged  18,  who  is  making  $9  a  week. 
She  began  work  at  paper  boxes  at  $4  a  week,  and  has  been  raised 
to  $4.50,  $5  and  $5.50.  Her  brother  has  assisted  her,  but  she  does 
not  know  how  much  he  has  given  her.  The  family  with  whom  she 
lodges  have  three  rooms,  and  consists  of  husband,  wife  and  four 
children.  Beckie  pointed  out  the  leather  couch  on  which  she 
sleeps. 

No.  519. 

Rose  E .     Age  23.     Russian.     She  came  to  the  United 

States  when  18,  and  began  work  in  a  paper  box  factory  at  $3.50. 
Was  raised  to  $4,  $4.50,  $5,  and  now  gets  $5.50.  She  can  read 
and  write  in  Yiddish.  Once  in  two  years  she  sends  $5  to  her 
mother  in  Russia.  She  saves  enough  in  rush  seasons  to  carry  her 
through  slack  seasons.  She  pays  $3  a  month  for  lodging,  and 
sleeps  on  a  lounge.  Her  breakfast  of  rolls,  butter  and  one  cup  of 
coffee  costs  8  or  10  cents.  Her  lunch  from  a  food  peddler  in  the 
factory  costs  15  cents  and  consists  of  hot  meat  or  fish,  or  potatoes 
or  boiled  eggs,  with  bread,  but  no  butter.  Supper  averages  20 
cents  and  consists  of  bread  with  soup  and  potatoes,  or  soup  and 
meat  or  sometimes  soup,  meat  and  potatoes.  The  weekly  cost  of 
food  and  lodging  is  therefore  $3.70.  She  was  idle  14  weeks  in 
the  preceding  year,  making  her  estimated  average  wages  $4.02  a 
week. 

No.  520. 

Sadie  R .     Age  14.     Italian.     She  is  well  grown  and  tells 

them  in  the  factory  that  she  is  17.  This  girl's  family  consists  of 
her  father  and  mother  and  three  children.  They  came  to  the 
United  States  when  Sadie  was  2  years  old.  Her  father  is  a 
cobbler,  and  the  agent  thinks  he  makes  from  $7  to  $10  a  week. 


100    APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY. 

Sadie's  earnings  for  20  weeks  show  an  average  of  $5.47  a  week, 
but  agent  thinks  that  $5  per  week  the  year  round  is  a  fair  esti- 
mate. She  goes  to  a  moving  picture  show  once  in  two  weeks. 
Here  is  an  account  of  her  annual  expenditures  for  clothes : 

1  winter  coat $8 . 00 

1  sweater 2 . 00 

0  shirtwaists  at  70c 4. 20 

1  skirt 3.00 

36  handkerchiefs  at  2c .72 

3  petticoats  at  75c.  each  and  3  at  25c.  each 3.00 

30  pairs  of  stockings  at  lOc.  pair 3.00 

4  pairs  of  shoes  at  $2 8 . 00 

Underwear 6 . 00 

4  corsets  at  $1 4 . 00 

0  corset  covers  at  25c 1 .  50 

Repairing  shoes   1 . 00 

No  hats  this  year .... 

No  rubbers   ..." .... 

No  gloves  or  mittens .... 


Total $44.42 


No.   526. 

Sarah  G —  — .  Age  23.  Russian.  She  came  to  New  York 
when  about  14  years  of  age.  Her  parents  are  in  Russia.  Her 
relatives  in  New  York  are  an  aunt  and  three  unmarried  sisters. 
Sarah,  and  her  older  sister  paid  for  the  passage  of  the  other  two 
sisters  to  the  United  States,  Sarah's  half  share  being  $07.00. 

She  began  work  in  a  shirt  factory  at  $1.50  per  week.  Next,  she 
went  into  paper  box  making  at  $2.50,  rising  to  $3.0.0  and  $4.00. 
Then,  in  order  to  save  carfare,  she  changed  to  a  candy  factory  at 
$3.00,  and  was  ultimately  raised  to  $4.50.  Later,  she  began 
work  in  a  ribbon  factory  at  $4.00,  and  was  promoted  to  $4.50. 
Then  she  returned  to  paper  boxes  at  $5.00,  and  after  two  years 
was  advanced  to  $5.50.  Now  she  is  making  $9.00  per  week. 

The  landlady,  with  whom  Sarah  lodges,  has  three  rooms,  which 
are  occupied  by  herself  and  two  male  and  two  female  lodgers. 


APPENDIX  II  —  PAPER  Box  INDUSTRY  IN  N.  Y.  CITY.    161 

Sarah  has  a  bed  to  herself,  for  which  she  pays  $3.00  a  month. 
The  following  is  Sarah's  budget : 

Lodging,  12  months,  at  $3 $36 . 00 

Doctors7  bills  this  year 2 . 00 

Laundry,  52  weeks,  at  25c 13.00 

Spending  money,  52  weeks,  at  50c 26 . 00 

Clothes: 

4  hats,  at  $3 $12.00 

1  winter  coat 10 . 00 

1  spring  coat    6.00 

1  sweater 3 . 00 

6  shirtwaists,  at  50c 3 . 00 

4  skirts,  at  $3.50 14.00 

2  white  dresses,  at  $3 6 . 00 

4  doz.  handkerchiefs,  at  50c.  a  doz.  ...          2.00    . 

5  petticoats,  at  75c. ., 3 .75 

2  pairs  of  gloves,  at  $1 2 . 00 

36   pairs  of  stockings 5 . 20 

4  pairs  of  shoes,  at  $3 .  12 . 00 

1  pair  rubbers 1 . 00 

Repairing  shoes    1 . 00 

Underwear 10 . 00 

3  pairs  corsets,  at  $2 6 . 00 

1  party  dress   15 . 00 

111.95 
Breakfast,  9c. ;  lunch,  13c. ;  supper,  25c.— 

47c.  per  day  for  365  days 171 . 55 


$360.50 

Actual  earnings  for  36  weeks  (as  far  back  as  they  could  be 
obtained)  averaged  $8.34  a  week.  Assuming  the  same  average 
for  previous  working  weeks,  and  deducting  for  4  weeks  when 
she  was  out  of  employment,  her  total  annual  earnings  would  be 
$400.32;  expenses,  $360.50,  leaving  a  surplus  of  $39.82.  Sarah 
occasionally  assists  her  sister,  whose  passage  she  paid. 

6 


162    APPENDIX  II  --  PAPER  Box  INDUSTRY  IN  N".  Y.  CITY. 

No.  521. 

Antoinette  D .    Age  21.     Italian.     She  came  to  the  United 

State  at  the  age  of  17.  She  has  4  sisters  here.  Her  parents  are 
in  Italy,  and  she  sends  them  $3  a  year.  She  and  one  other  sister 
live  with  a  married  sister.  Eight  people  live  in  3  rooms.  Antoi- 
nette spent  2  months  in  the  country  with  a  friend  during  the  past 
summer.  She  began  in  the  paper-hox  trade  at  $5  a  week  and  is 
now  on  a  wage  rate  of  $7.  Her  wages  for  21  weeks,  which  is  as  far 
back  as  the  payroll  goes,  average  $5.92  a  week.  Her  wages  for 
the  year  would  probably  average  $6  a  week.  She  admitted  that 
she  worked  7  days  in  the  week  for  several  weeks  during  the  rush 
season.  Her  annual  accounts  are  given  herewith : 

Income,  52  weeks,  at  $6 $312  . 00 

Board  and  lodging,  52  weeks,  at  $3.50 ...        $182 . 00 

Spending  money,  52  weeks,  at  lOc 5.20 

Clothes: 

1  hat,  $2.50,  1  hat,  $8 $10.50 

1  winter  coat  . . . ., 9 . 00 

12  shirtwaists,  at  TOc 8.40 

24  handkerchiefs,  at  5c 1.20 

3  petticoats,  at  $1 3 . 00 

30  pairs  of  stockings 3 .  60 

4  pairs  shoes,  average,  $2.25         9.00 

Repairing  shoes 1 . 00 

Underwear 8 . 00 

6  pairs  of  corsets,  at  $2 12 . 00 

4  corset  covers,  at  30c 1.20 

1  party  dress   11 . 00 

77.90 
Total  expenses 265 . 10 


Surplus    $46 . 90 

,  

No.  523. 

Annie  P .     Age  19.     Austrian.     She  came  here  when  12 

years  of  age.    Her  parents  are  dead  and  she  lives  with  her  married 
brother.     She  has  had  no  doctor's  or  dentist's  bills  this  year,  but 


APPENDIX  II  --PAPER  Box  INDUSTRY  IN  1ST.  Y.  CITY.    163 

has  spent  $25  altogether  in  other  years  for  dentistry.  She  has 
sent  $30  to  a  sister  in  Austria  in  the  last  two  years  and  she  has 
$30  in  the  bank.  She  is  a  piece-worker  and  her  wages  average 
$8.29  a  week. 

Budget: 

Total  annual  earnings , $431 . 32 

52  weeks'  board,  at  $3.75  a  week $195.00 

52  weeks'  spending  money,  at  25c 13.00 

Clothes: 

1  suit $24.00 

3  hats 9 . 00 

1  winter  coat 10 . 00 

1  sweater  .  .  . , 3 . 00 

2  cloth  waists,  at  35c .70 

3  skirts,  $4,  $2.50  and  $1.75  8.25 

4  shirtwaists,  at  $1    4.00 

2  wash  dresses  at  $3 6 . 00 

2  doz.  handkerchiefs,  at  25c 

doz .50 

2  petticoats,  at  $1 2 . 00 

1  pair  gloves  . 1 . 00 

36  pairs  of  stockings 3 . 60 

4  pairs  of  shoes 10 . 00 

Repairing  shoes    1 . 00 

Underwear 7 . 00 

1  pair  rubbers .75 

2  corsets,  at  $2 4.00 

6  corset  covers,  at  15c .90 

4  nightgowns 2 . 00 

1  muff 3 . 00 

1  party  dress   19 . 00 

119.70 
Total  expenses   327 . 70 


Surplus    $103 . 62 


164    APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  N.  Y.  CITY. 

Such  accounts  could  be  multiplied ;  but  enough  have  been  given 
to  show  the  close  economy  of  the  workers.  Taken  in  connection 
with  the  preceding  wage  data,  they  indicate  that  many  women  are 
often  on  the  verge  of  dependency.  A  table  is  added  showing 
variations  in  wages  from  week  to  week.  The  figures  were  taken 
from  the  payrolls.  (See  Table  7.) 


T 


ifNO-s  OF  S-rex&y  WORKERS. 


EriPuoy/re 

SADIC  K. 

IDA  C. 

"Ro&e  H. 

A/v/xic  F. 

AA>TotneT-r«.I). 

SAKAM  T. 

•Pae»e«T 

~«VKI.* 
KATf 

#   .5T.Se 

TJete    WORK 

#      8.  so 

Piece  WO«K. 

^        Too 

P.ifCf      WeMK. 

Ave«^«i   w«M-t 

5  41 

8  .  10 

7.39 

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APPENDIX  II  —  PAPEE  Box  INDUSTRY  IN  N.  Y.  CITY.  .  165 

STATUS  OF  THE  TRADE. 

The  question  now  arises,  what  can  the  trade  afford  to  do  ?  Un- 
questionably the  business  is  growing.  Our  accountant  was  able 
to  secure  financial  statements  from  the  books  of  ten  representative 
firms.  Wherever  possible  these  were  checked  up  from  the  original 
records.  There  were  many  differences  noted  in  the  distribution 
of  various  items  by  certain  firms.  The  estimation  of  overhead 
charges  and  the  calculation  of  profit  are  subject  to  correction. 
The  following  comparative  and  summary  schedule  shows  the  an- 
alysis of  accounts  for  the  fiscal  year  of  1912.  (See  Schedule.) 


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This  represents  sales  amounting  to  over  $1,347,000.  A  notable 
feature  is  the  large  item  for  miscellaneous  costs.  Paper  boxes  are 
awkward  to  handle  and  expensive  to  store,  so  that  rent  and  deliv- 
ery charges  also  figure  large.  The  labor  cost  is  one-fourth  of  the 


166    APPENDIX  II  —  PAPEK  Box  INDUSTRY  IN  N.  Y.  CITY. 

value  of  the  marketed  product.  Net  profits  do  not  appear  to  be 
excessive,  if  these  figures  can  be  trusted. 

Paper  boxes  are  probably  cheap  enough  considering  the  human 
labor  that  enters  into  their  manufacture.  According  to  our  figures, 
an  increase  of  10  per  cent,  in  the  general  level  of  wages  would  not 
necessarily  raise  the  price  2.5  per  cent.,  nor  reduce  profits  by  the 
same  amount. 

There  is  only  a  slight  relation  between  proportionate  labor  cost 
shown  for  the  firms  above  and  their  general  level  of  wage  rates.  * 
This  indicates  that  low-paid  labor  is  not  necessarily  cheap  nor 
high-paid  workers  expensive.  There  is  a  growing  tendency 
throughout  the  trade  to  substitute  machinery  for  skilled  hand 
labor,  and  to  use  girls  to  operate  the  automatic  devices.  This  un- 
questionably increases  fixed  charges,  enlarges  output  and  holds 
down  wages. 

*  The  Pearson  coefficient  of  correlation  is  .27965-}-,  which  is  smaller  than 
the  probable  error. 


APPENDIX  III 


MINIMUM  WAGE   LEGISLATION 


BY 


IRENE  OSGOOD  ANDREWS, 

Assistant  Secretary,  American  Association  for  Labor 
Legislation. 


[167] 


PREFACE. 


Americans  have  long  been  accustomed  to  the  legal  protection 
of  industrial  employees  in  the  matter  of  hours  of  labor,  safety 
and  sanitation  in  work  places,  the  protection  of  the  wage  contract, 
and  other  similar  legal  safeguards.  But  the  extension  of  legal 
regulation  to  cover  the  rate  of  wages  paid  to  women  and  minors 
in  private  employments  did  not  occur  in  this  country  until  1912, 
in  Massachusetts.  Since  that  year  eight  additional  states  have 
enacted  minimum  wage  laws.  The  novelty  of  this  kind  of  legis- 
lation and  its  widespread  popularity  have  created  a  persistent 
demand  for  information  on  the  subject. 

It  is  the  aim  of  the  following  report  to  present  in  brief  and 
convenient  form  the  main  facts  concerning  the  enactment  and 
operation  of  minimum  wage  laws  in  this  country  as  well  as  in 
foreign  countries  where  the  acts  are  similar  in  purpose  to  our 
American  legislation  on  this  subject. 

It  is  not  the  aim  of  this  report  to  discuss  the  economic  aspects 
of  the  legal  minimum  wage.  But  included  in  one  section  are  a 
few  of  the  more  important  representative  opinions  concerning 
the  actual  operation  and  effect  of  minimum  wage  laws  in  those 
countries  where  they  have  been  in  operation  sufficiently  long  to 
produce  measurable  results. 

For  the  convenience  of  students  of  the  subject  there  are  also 
reprinted,  as  an  appendix,  the  minimum  wage  laws  of  this  coun- 
try, of  Victoria  and  of  Great  Britain.  A  select  critical  bibli- 
ography is  added  for  the  purpose  of  indicating  a  few  of  the  most 
helpful  and  most  readily  available  publications  on  the  subject  of 
the  minimum  wage. 

I.  O.  A. 


[169] 


CONTENTS. 


MINIMUM  WAGE  LEGISLATION. 

PAGE 

I.  THE  AMERICAN  MINIMUM  WAGE  MOVEMENT 173 

1.  Introduction 173 

2.  Early  History  of  the  Movement  in  America 174 

Definition  of  a  Living  Wage 175 

Methods  of  Wage  Determinations 176 

Persons  and  Industries  Involved 177 

Proposals  in  Congress  178 

3.  Analysis  of  American  Laws 179 

Titles 180 

Appointment  —  Organization —  Appropriations 180 

Jurisdiction 181 

Initial  Investigations 182 

Subordinate  Wage  Boards  —  Organization 183 

Operation  of  the  Wage  Boards 184 

Application  of  Wage  Determinations 185 

Rehearings 185 

Enforcement  —  Penalties 186 

Court  Review 187 

Comparative  Table  of  Minimum  Wage  Laws 188 

4.  Operation  of  American  Laws  195 

Oregon 195 

California 199 

Massachusetts 199 

Minnesota 203 

Utah 208 

Washington 212 

Wisconsin 213 

5.  Recent  Developments  in  the  American  Movement 216 

Constitutional    Amendments  —  Inclusion    of    men  — 

Initiated  measures 216 

II.  FOREIGN  LEGISLATION  AND  RECOMMENDATIONS 219 

New  Zealand 219 

Victoria 220 

Germany 281 

England '. 232 

International  Recommendations 245 

[171] 


CONTENTS. 

PAGE 

III.     REPRESENTATIVE  OPINIONS  UPON  THE  OPERATION  OF  WAGE  BOARDS  248 

Position  of  the  American  Federation  of  Labor 248 

Economic  Inequality  Between  Employer  and  Employee 249 

A  Living  Wage  and  the  Parasitic  Industries 251 

Relation  to  Cost  of  Production 253 

Effect  upon  efficiency  of  employer  and  employee 253 

Employees  unable  to  earn  the  minimum  rate 259 

The  Minimum  Wage  as  a  Public  Policy 260 

Constitutional  Aspects  of  Minimum  Wage  Legislation 265 

APPENDIX  A.     Decision  of  Oregon  Supreme  Court  upholding  the  Mini- 
mum Wage  Law 269 

APPENDIX  B.     Minimum  Wage  Laws 288 

The  American  Acts 288 

California 288 

Colorado 296 

Massachusetts 300 

Minnesota 305 

Nebraska 311 

Oregon 315 

Utah 324 

Washington 325 

Wisconsin 331 

The  British  Acts 335 

The  Trade  Boards  Act 335 

The  Coal  Mines  Act 348 

The  Victorian  Special  Boards  Act 354 

APPENDIX  C.     ( 1 )   SELECT  BIBLIOGRAPHY 383 

(2 )  MINIMUM  WAGE  COMMISSIONS 385 


MINIMUM  WAGE  LEGISLATION. 


I.     THE   AMERICAN   MINIMUM   WAGE   MOVEMENT. 
1.     INTRODUCTION. 

It  was  nearly  a  century  ago  when  Mathew  Carey,  of  Phila- 
delphia, the  first  American  investigator  of  woman's  work  and 
the  consistent  champion  of  the  working  woman,  wrote  that  the 
wages  of  women  were  "  barely  sufficient  to  procure  them  a  scant 
supply  of  the  very  commonest  food  and  raiment."  From  that 
time  to  the  present  the  relatively  low  wage  of  women  and  chil- 
dren has  been  a  subject  of  constant  agitation. 

Many  women  enter  the  industrial  field  for  short  periods  only, 
mere  transients  in  the  business  world;  comparatively  few  receive 
previous  industrial  training  of  any  kind;  and  the  majority  look 
to  marriage  rather  than  to  organization  or  efficiency  as  the  way 
to  a  higher  standard  of  living.  Organization  among  working 
women,  therefore,  has  been  attended  with  peculiar  difficulties. 
Working  women  have  remained  largely  unskilled  and  unorganized 
and  thousands  of  them  have  been  employed  at  wages  insufficient 
to  "  maintain  them  in  health  and  to  provide  reasonable  comfort." 

The  wages  of  public  employees  in  many  cities  and  states  of 
this  country  have  for  several  years  been  regulated  by  law  and  a 
legal  minimum  wage  rate  has  frequently  been  established.  In 
1913,  for  example,  the  city  of  Spokane  at  a  popular  election 
established  a  minimum  scale  of  $3  a  day  on  public  work  and  on 
January  2,  1914,  this  ordinance  was  sustained  by  the  Supreme 
Court  of  the  state  of  Washington.  Among  the  states  which  have 
provided  a  wage  rate  of  from  $2  to  $3  a  day  in  either, state  or 
city  work  are  California,  Indiana,  Maryland,  (for  the  city  of 
Baltimore),  Massachusetts,  Nebraska  and  Nevada.  But  it  has 
been  the  common  belief  that  the  regulation  of  wages  of  employees 
in  private  industries,  involving  as  it  does  a  different  principle, 
could  not  legally  be  undertaken  in  this  country.  Such  regulation 

[173] 


174          APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

in  private  employments  has  been  practised,  however,  under  the 
legal  systems  in  New  Zealand  since  1894,  in  Victoria  since 
1896,  and  in  the  United  Kingdom  since  1909,  when  the  British 
Parliament  made  provision  for  the  creation  of  minimum  wage 
boards,  or  "  trade  boards  "  as  they  are  there  called. 

The  success  of  the  British  system,  operating  under  conditions 
similar  to  those  in  our  country,  acted  as  a  stimulus  to  the  increas- 
ing number  of  persons  interested  in  the  subject  in  America;  and 
in  1911  the  legislature  of  Massachusetts  authorized  the  creation 
of  the  first  American  Minimum  Wage  Commission  to  investigate 
conditions  and  report  upon  the  advisability  of  establishing  a  per- 
manent wage  commission.  In  the  same  year  bills  were  prepared 
and  presented  to  the  legislatures  in  Minnesota  and  Wisconsin ; 
public  hearings  were  held  and  great  interest  was  displayed,  but 
in  both  states  the  bill  failed  to  pass  that  year.  In  1912,  however, 
the  legislature  of  Massachusetts  again  pioneered  the  way  and 
passed  a  bill  creating  the  first  permanent  Minimum  Wage  Com- 
mission in  this  country.  This  was  followed  in  1913  by  minimum 
wage  laws  in  eight  additional  states:  California,  Oregon,  Wash- 
ington, Colorado,  Utah,  Nebraska,  Minnesota  and  Wisconsin  (1). 

2.     EARLY  HISTORY  OF  THE  MOVEMENT  IN  AMERICA. 

Before  the  days  of  recent  popular  agitation  for  minimum  wage 
legislation  in  America  there  had  been  sporadic  attempts  to  estab- 
lish minimum  standards  of  hours  and  wages  by  law.  Nebraska, 
for  example,  in  February,  1909,  introduced  the  following: 

*  *  *  "  for  the  purpose  of  protecting  the  American 
standard  of  living,  and  insure  to  all  who  labor  that  they  shall 
have  an  opportunity  to  improve  themselves,  to  educate  their 
children,  and  to  lay  by  a  sum  for  old  age,  it  is  hereby  pro- 
vided, that  the  minimum  wage  in  all  stores,  factories,  pack- 
ing houses  and  all  work-shops  of  whatsoever  kind  for  all 
adult  labor,  male  or  female,  shall  be  twenty  (20)  cents  per 
hour  where  labor  is  performed  by  the  hour  and  where  labor 

(1)  A  complete  directory  of  these  commissions  is  printed  on  page  385  of 
Appendix  III. 


HISTORY  OF  AMERICAN  LEGISLATION.  175 

is  performed  by  the  week  the  minimum  wage  shall  be  nine 
($9)  dollars  per  week  and  for  such  wage  by  the  week  not 
more  than  ten  hours  of  labor  shall  be  performed  in  any  one 
day;  Provided,  That  such  adult  labor,  male  or  female,  em- 
ployed by  the  week,  may  engage  to  labor  over  time  for  which 
they  shall  receive  not  less  than  twenty-five  (25)  cents  per 
hour." 

This  Nebraska  proposal  received  little  serious  attention,  but 
after  the  passage  of  the  British  Trade  Boards  Act,  and  its  suc- 
cessful operation  during  the  years  of  1910  and  1911,  the  demand 
for  minimum  wage  laws  became  prominent  in  America  and  bills 
were  drafted  in  many  states. 

Definition  of  a  Living  Wage.  —  In  practically  all  of  these  early 
bills  there  was  substantial  agreement  that  a  "  living  wage  " 
should  be  the  standard  for  the  determination  of  wage-rates.  But 
this  standard  was  indefinite  and  was  capable  of  a  variety  of  inter- 
pretations. Was  it  to  be  interpreted  to  cover  only  the  cost  of 
necessary  food,  clothing  and  shelter  —  the  slave-owner's  standard 
as  it  was  sometimes  called?  Or  should  it  include  Mrs.  Oilman's 
bold  request  for  "  two  rooms  and  a  bath  "  ?  Still  another  stan- 
dard recommended  to  the  National  Conference  of  Charities  and 
Correction,  by  the  Committee  on  Standards  of  Living  and  Labor, 
rested  upon  the  following  definition  :  "  The  monetary  equivalent 
of  a  living  wage  varies  according  to  local  conditions,  but  must 
include  enough  to  secure  the  elements  of  a  normal  standard  of 
living;  to  provide  for  education  and  recreation;  to  care  for  im- 
:mature'  members  of  the  family;  to  maintain  the  family  during 
periods  of  sickness;  and  to  permit  of  reasonable  saving  for  old 
age." 

Few  of  the  minimum  wage  measures,  however,  either  in  state 
legislatures  or  in  Congress,  went  beyond  a  definition  of  a  wage 
rate  which  would  enable  the  workers  to  sustain  themselves  in 
health,  to  maintain  the  accepted  moral  standards,  and,  in  a  few 
cases,  to  provide  in  addition  reasonable  or  necessary  comfort  and 
well-being.  (1) 


(1)  For  the  stewdajds  p.staMshed  in  the  various  enacted  laws  see  p.   182. 


176         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

From  the  beginning  the  majority  of  the  states,  except  Massa- 
chusetts and  Nebraska,  in  America,  as  in  foreign  countries, 
apparently  accepted  the  principle  that  an  industry  which  cannot 
pay  its  employees  sufficient  to  maintain  them  in  health  and 
reasonable  comfort  is  a  parasitic  industry  which  should  not  be 
tolerated  by  the  community. 

Methods  of  Wage  Determination.  —  At  least  four  methods 
were  proposed  for  determining  the  "  living  wage  ":  (a)  by  fixing 
rates  in  the  law  itself;  (b)  by  investigations  through  the  commis- 
sioner of  labor;  (c)  by  direct  investigation  of  special  commis- 
sions; and  (d)  by  investigations  through  commissions  with  the 
aid  of  special  wage  boards. 

(a)  The  first  method  suggested  in  several  states  was  the  estab- 
lishment in  the  law  itself  of  a  fixed  rate  of  wages  per  day  or  per 
week  for  each  class  of  employees  —  the  flat-rate  method.     These 
arbitrary  proposals  frequently  suggested  the  fixing  of  hours  of 
work  also. 

The  only  flat-rate  bill  which  became  law  was  the  Utah  measure, 
applying  to  females  only  and  providing  a  minimum  of  $1.25  a 
day  for  experienced  adults,  $.90  for  adult  learners  or  apprentices, 
and  $.75  for  children  under  eighteen. 

(b)  A  second  method,  less  commonly  advocated,  proposed  to 
grant  to  the  State  Commissioner  of  Labor  power  to  determine  the 
"  living  wage."     In  both  Oregon  and  Wisconsin,  for  example,  it 
was  first  suggested  that  the  Labor  Commissioner  might  be  re- 
quired to  investigate  the  wages  paid  and  the  cost  of  living  and, 
after  public  hearings,  finally  establish  the  minimum  wage  rate. 
But  no  state  adopted  this  second  method. 

(c)  The  plan  of  the  third  method  was  modeled  upon  the  public 
service   commission  laws   and   proposed   a   commission   of   three 
members  who  were  to  investigate  and,  after  public  hearing,  fix 
wage  rates  without  the  aid  of  subordinate  boards  for  each  industry 
or  class  of  industries.     This  was  the  plan  proposed  in  the  Penn- 
sylvania measure  which  failed  to  pass  and  also  in  the  Colorado 
measure,  which  was  the  only  one  following  this  plan  to  become  a 
law. 


HISTORY  OF  AMERICAN  LEGISLATION.  177 

(d)  The  fourth  method  of  wage  determination,  and  that  which 
was  finally  embodied  in  the  laws  of  all  nine  states  except  Colorado 
and  Utah,  provided  for  the  creation  of  commissions  with  sub- 
ordinate wage  boards  to  investigate  and  determine,  after  public 
hearing,  the  minimum  wage  rate  for  employees  in  the  different 
occupations.  Minnesota  and  Massachusetts  adopted  this  method 
in  their  earliest  bills,  and  the  Massachusetts  law  which  was 
enacted  in  1912,  a  year  earlier  than  the  Minnesota  act,  became  the 
model  for  most  of  the  others. 

Bills  providing  for  wage  commissions  were  introduced  or  pre- 
pared for  introduction  in  many  of  the  remaining  states  of  the 
forty- two  holding  legislative  sessions  in  1913. 

Persons  and  Industries  Included. —  In  the  discussion  of  these 
bills  the  right  to  legislate  on  the  subject  of  wages  for  women  and 
children  was  generally  accepted,  but  considerable  discussion 
arose  over  the  question  of  including  men.  Men  were  included  in 
the  acts  of  Australasia  and  of  Great  Britain,  but  supposed  consti- 
tutional difficulties  deterred  many  from  recommending  their 
inclusion  in  this  country.  The  trade  unions  also  were  almost 
unanimous  in  their  opposition  to  the  inclusion  of  men.  (1)  And 
while  many  of  the  earlier  bills  applied  to  all  employees,  in  no  one 
of  the  enacted  laws  were  adult  men  included.  On  this  point  a 
brief  prepared  for  the  law  proposed  in  1911  in  Wisconsin  said: 

"  The  fact  that  no  American  state  regulates  wages  in 
private  employment  is  not  conclusive  against  regulating 
them,  if  new,  oppressive,  and  unwholesome  conditions  exist 
which  cannot  be  corrected  except  by  minimum  living  wages. 
And  this  applies  to  men  as  well  as  women  and  children,  for 
on  this  line  of  reasoning,  in  matters  of  health,  the  courts 
have  gone  even  further  in  restricting  the  hours  of  men  to 
eight  per  day  than  they  have  in  permitting  restriction  of 
women  to  ten  per  day.  The  principle  of  classification  is, 
therefore,  not  that  of  sex,  or  age,  but  of  bargaining  power 
in  protecting  themselves  against  conditions  which  it  is  the 
interest  of  the  public  that  they  should  be  protected  against." 

( 1 )  For  a  recent  official  statement  of  the  attitude  of  the  American  Federa- 
tion of  Labor  on  this  point,  see  p.  248. 


178         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

In  considering  which  industries  should  be  included  there  was 
less  difference  of  opinion.  In  legislation  regulating  hours  of 
work,  special  industries  had  been  selected  according  to  the  degree 
of  physical  strain  involved,  and  a  few  states  attempted  to  follow 
in  general  these  classifications.  It  was  finally  recognized,  how- 
ever, that  a  "  living  wage  "  should  at  least  cover  the  cost  of  living 
in  any  industry  and  should  not  be  made  to  depend  upon  the  kind 
of  work  a  person  was  engaged  in.  The  laws  were  therefore  made 
to  apply  to  all  occupations,  except  in  Colorado,  where  an 
enumerated  list  is  given. 

Federal  Proposals.  —  Not  in  state  legislatures  alone  were 
minimum  wage  bills  considered.  Several  measures  were  intro- 
duced in  Congress  applying  to  employees  in  the  District  of 
Columbia,  to  employees  of  the  Federal  government  and  also  to 
those  engaged  in  interstate  commerce.  One  measure,  intended  to 
regulate  wage  rates  for  both  male  and  female  employees  in  the 
District  of  Columbia  (H.  R.  1803,  introduced  April  7,  1913,  by 
Representative  Lafferty),  provided  for  a  commission  of  three 
members  at  an  annual  salary  of  $3,000  each,  with  powers  similar 
to  those  of  the  Massachusetts  commission  except  that  the  bill  did 
not  provide  for  subsidiary  wage  boards.  Another  bill  (H.  R. 
4901,  introduced  May  8,  1913,  by  Representative  Vare)  applied 
to  employees  of  the  Federal  government  and  required  a  minimum 
rate  of  $2  per  day  for  all  adult  male  employees,  and  $1.50  for  all 
adult  female  employees.  It  also  sought  to  prohibit  the  employ- 
ment of  all  persons  under  the  age  of  fourteen  years. 

At  least  two  measures  have  been  presented  under  which  wage 
rates  would  be  regulated  for  employees  in  interstate  commerce. 
One  was  a  flat-rate  measure  (S.  579,  introduced  April  9,  1913, 
by  Senator  Chilton),  providing  for  a  wage  rate  of  not  less  than 
$9  a  week  for  all  females  employed  in  interstate  commerce,  or  in 
the  production  and  manufacture  of  articles  for  interstate  com- 
merce. Hours  of  work  were  to  be  limited  to  eight  a  day  and  six 
days  a  week  and  no  female  under  fifteen  was  to  be  employed. 
Penalties  for  violations  were  provided  as  well  as  provision  for 
recovery  of  unpaid  wages. 


ANALYSIS  OF  AMERICAN  LAWS.  179 

The  second  interstate  commerce  measure  provided  for  a  Na- 
tional Wage  Commission  consisting  of  one  "  wage  commissioner  " 
appointed  for  four  years  in  each  congressional  district  to  whom 
complaints  might  be  made  if  wages  were  deemed  to  be  "  of  a 
nature  insufficient,  inequitable,  or  unjust  in  proportion  to  the 
work  done  and  services  rendered  to  the  employer,  or  shall  be 
insufficient  and  are  not  sufficient  upon  which  the  said  person  may 
live  and  maintain  an  existence  in  harmony  with  the  spirit  and 
organization  of  citizenship  in  America."  Penalties  were  pro- 
vided for  violations,  but  no  specific  wage  standard  was  given  in 
the  bill  (S.  1925,  introduced  May  14,  1913,  by  Senator  Lewis). 
No  minimum  wage  measure  for  workers  in  private  employments 
has  at  this  writing  been  passed  by  Congress. 

3.     ANALYSIS  OF  AMERICAN  LAWS. 

The  first  minimum  wage  law  for  employees  in  private  indus- 
tries in  America  was  enacted  in  Massachusetts  in  1912.  This 
law  applied  to  females  and  minors  under  eighteen  years  of  age 
and  provided  for  an  administrative  commission  of  three  mem- 
bers who,  with  the  aid  of  subordinate  wage  boards  for  each 
industry,  were  to  establish  minimum  wage  rates  for  any  industry 
which  the  commission  found  to  be  paying  less  than  a  living  wage. 

In  the  following  year,  1913,  as  already  indicated,  minimum 
wage  laws  were  enacted  in  eight  additional  states.  Minnesota 
and  Wisconsin,  where  bills  had  been  introduced  in  1911,  enacted 
laws  following  the  main  administrative  features  of  the  Massa- 
chusetts act,  although  the  administration  of  the  Wisconsin 
measure  was  placed  with  the  existing  Industrial  Commission  and 
was  made  to  conform  to  procedure  under  the  commission  law  of 
which  it  was  a  part. 

In  Oregon,  where  a  "  social  survey  "  had  been  made  during  the 
preceding  year,  the  legislature  in  1913  provided  the  legal 
machinery  for  the  establishment  of  minimum  wage  rates  by 
creating  the  State  Industrial  Welfare  Commission.  With  very 
slight  modifications,  and  under  the  same  name,  California  and 
Washington  in  the  same  year  created  similar  state  bodies.  Mean- 
while, following  a  brief  official  investigation,  the  legislature  in 


180         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

Nebraska  passed  a  bill  similar  to  the  Massachusetts  law  of  1912, 
and  Colorado  and  Utah,  caught  up  on  the  wave  of  popular  senti- 
ment, brought  the  number  of  states  having  minimum  wage  laws 
to  nine  before  the  end  of  1913. 

In  addition  to  the  minimum  wage  laws  passed  in  1913,  several 
states  created  commissions  to  investigate  the  subject  with  a  view 
to  recommending  legislation.  In  Connecticut  the  Commissioner 
of  Labor  was  authorized  to  continue  the  investigation  of  woman 
and  child  labor  in  that  state  (begun  by  the  Connecticut  Indus- 
trial Commission  of  1912)  while  the  Industrial  Commission  of 
Ohio  was  required  to  make  a  special  inquiry  into  the  work  of 
women  and  children  in  mercantile  establishments.  In  Michigan 
and  Indiana  commissions  were  created  to  study  the  subject  of 
woman's  work,  and  in  "New  York  the  Factory  Investigating 
Commission  was  continued  and  authorized  to  investigate  wage 
conditions. 

Titles.  —  In  naming  their  administrative  bodies  the  nine  mini- 
mum wage  states  have  chosen  three  different  titles.  The  three 
Pacific  coast  states,  California,  Oregon  and  Washington,  have 
given  to  their  commissions  broader  powers  than  that  of  fixing 
wage  rates  alone  and  have  therefore  selected  the  title,  "  Indus- 
trial Welfare  Commission " ;  Massachusetts,  Minnesota  and  Ne- 
braska, where  power  has  been  given  to  fix  wage  rates  only,  have 
chosen  the  title,  "  Minimum  Wage  Commission  " ;  while  in  Col- 
orado the  name  "  State  Wage  Board  "  was  selected.  In  the  two 
remaining  states  the  minimum  wage  laws  are  administered  by 
existing  bodies:  In  Wisconsin  by  th$  Industrial  Commission, 
and  in  Utah  by  the  Commissioner  of  Immigration,  Labor  and 
Statistics  who  has  power  to  enforce  the  flat-rate  minimum  named 
in  the  statute.  (1) 

Appointments,  Organization,  Appropriations.  —  The  commis- 
sions or  boards  are  composed  of  three  members  in  all  states  except 
California  and  Washington,  where  five  members  were  appointed, 
and  in  Nebraska  where  four  were  authorized.  Members  were 
appointed  by  the  governors  for  terms  of  two  or  three  years  except 

(1)  See  statement  of  the  Commissioner,  p.  208. 


ANALYSIS  OF  AMERICAN  LAWS. 

in  Wisconsin,  where  the  term  of  office  is  six  years  and  the  consent 
of  the  Senate  is  also  necessary.  Employers  and  employees  must 
be  represented  on  the  commissions  in  Colorado,  Minnesota,  and 
Oregon,  and  in  all  states  except  Oregon,  Washington  and  Wis- 
consin at  least  one  member  must  be  a  woman.  The  Commissioner 
of  Labor  was  specifically  designated  as  a  member  in  the  laws  of 
Washington,  Nebraska  and  Minnesota.  In  no  case  is  an  annual 
salary  provided  for  members,  but  necessary  expenses  are  allowed, 
and  in  California  and  Massachusetts  $10  a  day  is  authorized  in 
addition  for  actual  service.  Secretaries  may  be  employed,  and 
their  salaries  are  to  be  determined  by  the  commissions  in  all 
states  except  in  Colorado  where  the  law  specifies  $1,200  a  year 
and  in  Minnesota  where  it  is  fixed  at  $1,800.  The  appropriations 
for  the  first  year  varied  from  nothing  in  Nebraska  to  $15,000  in 
California.  Colorado,  Minnesota  and  Washington  appropriated 
$5,000  each;  Massachusetts  authorized  $7,000  for  1913;  Oregon 
appropriated  $3,500 ;  while  Utah  and  Wisconsin  made  no  specific 
appropriation  since  the  minimum  wage  work  is  carried  on  by 
existing  official  departments. 

Jurisdiction. —  The  jurisdiction  of  the  commissions  extends  to 
all  trades  or  occupations,  except  in  Colorado,  where  the  law 
applies  only  to  mercantile  and  manufacturing  establishments, 
laundries,  hotels,  restaurants,  and  telephone  and  telegraph  offices. 
In  Massachusetts,  Nebraska  and  Colorado,  the  commissions  are 
directed  to  investigate  those  industries  in  which  they  believe  that 
wages  paid  are  less  than  a  living  wage.  Investigations  are  manda- 
tory in  all  states  except  Oregon  and  Minnesota  and  they  are 
mandatory  in  the  latter  state  upon  the  request  of  one  hundred 
persons  in  any  occupation  where  women  and  children  are  em- 
ployed. The  laws  apply  to  females  and  to  male  minors  under 
eighteen  in  all  states  except  Minnesota  and  Wisconsin  where  the 
age  limit  for  males  is  twenty-one,  and  in  Utah  where  the  act 
applies  only  to  females.  The  commissions  have  the  power  to 
determine  minimum  wage  rates  in  all  states ;  wage  rates  and  con- 
ditions of  work  in  Washington;  and  wage  rates  and  conditions 
and  hours  of  work  in  California  and  Oregon  (and  also  in  Wis- 
consin under  a  separate  law). 


182         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

Initial  Investigation.  —  The  initial  investigation  rests  in  all 
cases  with  the  commission  itself.  Employers  are  required  to  keep 
records  of  the  names  and  addresses  of  female  and  minor  em- 
ployees, of  wages  paid  and  hours  of  work,  and  to  furnish  informa- 
tion required  by  a  commission.  The  commissions  are  given  power 
to  subpoena  witnesses,  administer  oaths  and  examine  books  or 
records,  and  in  California  and  Wisconsin  a  member  may  enter 
premises.  In  most  states  the  Commissioner  of  Labor  is  required 
to  cooperate  in  furnishing  information.  Rules  of  procedure  are 
non-technical  and  are  determined  by  the  commissions  themselves. 

In  California  and  Oregon  the  commissions  may  make  recom- 
mendations for  women  and  minors  upon : 

(1)  Minimum  wage  rates; 

(2)  The  number  of  hours  of  work  consistent  with  health  and 
welfare   (not  exceeding  the  maximum  number  fixed  by  statute 
law) ;  and 

(3)  Standard  conditions  of  work  demanded  for  the  protection 
of  health  and  welfare. 

In  Washington  the  commission  has  authority  only  over  wages 
and  conditions  of  work.  In  Wisconsin,  under  separate  acts,  the 
statute  law  regulating  hours  of  work  for  women  applies  only 
where  hours  have  not  been  determined  by  the  Industrial  Com- 
mission itself  after  public  hearings.  (1)  In  California  the  com- 
mission is  specifically  forbidden  to  act  as  a  board  of  arbitration 
during  a  strike  or  lockout. 

In  determining  minimum  wage  rates  the  definitions  as  given  in 
the  laws  are :  In  California  "  the  necessary  cost  of  proper  living 
and  to  maintain  the  health  and  welfare  " ;  in  Colorado,  "  to  sup- 
ply the  necessary  cost  of  living,  maintain  them  in  health,  and 
supply  the  necessary  comforts  of  life  ",  and  the  commission  must 
also  consider  the  "  financial  condition  of  the  business  " ;  in  Massa- 
chusetts and  Nebraska,  the  "  necessary  cost  of  living  and  to  main- 
tain the  worker  in  health  ",  and  also  the  "  financial  condition  of 
the  occupation  " ;  in  Minnesota  "  to  maintain  the  worker  in  health 

(1)  The  Ohio  Industrial  Commission  has  similar  power  over  hours  of  labor 
for  men  as  well  as  for  women  and  children. 


ANALYSIS  OF  AMERICAN  LAWS.  183 

and  to  supply  him  with  the  necessary  comforts  and  conditions  of 
reasonable  life  " ;  in  Oregon  and  Washington  the  "  necessary  cost 
of  living  and  to  maintain  the  workers  in  health  " ;  and  in  Wis- 
consin the  term  living  wage  is  defined  as  a  wage  "  sufficient  to 
maintain  himself  or  herself  under  conditions  consistent  with  his 
or  her  welfare  ",  and  "  welfare  "  is  defined  to  include  "  reasonable 
comfort,  reasonable  physical  well-being,  decency,  and  moral  well- 
being  ". 

If  a  commission  finds  after  investigation  that  wages  paid  are 
not  sufficient  to  maintain  the  specified  standard  of  living  it  may 
after  a  public  hearing  determine  upon  a  minimum  wage  rate  or 
it  may  establish  a  subordinate  wage  board,  or,  as  it  is  called  in 
Oregon  and  Washington,  a  "  conference ".  These  subordinate 
boards  are  mandatory  only  in  Wisconsin,  and  in  Massachusetts 
and  Nebraska  in  so  far  as  wage  rates  for  women  are  concerned. 
In  Colorado  alone  among  the  eight  states  having  boards  or  com- 
missions, there  is  no  provision  for  a  subordinate  wage  board,  the 
state  board  itself  determining  minimum  rates. 

Subordinate  Wage  Boards.  —  On  the  subordinate  wage  boards 
in  all  states  but  Wisconsin,  employers  and  employees  must  be 
represented  by  an  equal  number  of  members.  In  California  a 
subordinate  wage  board  must  be  composed  of  an  equal  number  of 
each  of  these  two  groups  with  a  representative  of  the  commis- 
sion; in  Massachusetts,  of  at  least  six  representatives  of  each, 
with  one  or  more  members  from  the  public,  but  not  to  exceed  one- 
half  of  the  representatives  of  either  of  the  other  parties;  in 
Minnesota  there  must  be  from  three  to  ten  of  each  and  one  or 
more  representatives  of  the  public,  but  not  to  exceed  the  number  of 
either  group  of  representatives,  and  at  least  one-fifth  of  the  entire 
board  membership  must  be  women ;  in  Nebraska,  three  representa- 
tives of  employers  and  of  employees  including  the  members  of 
the  commission  and  three  representatives  of  the  public ;  in  Oregon 
three  of  each  with  one  or  more  of  the  commissioners;  in  Wash- 
ington an  equal  number  of  each  and  one  or  more  representatives 
of  the  public  as  in  Minnesota ;  in  Wisconsin  the  advisory  wage 
board  must  be  constituted  "  so  as  to  fairly  represent  employers, 
employees  and  the  public  ". 


184         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

The  method  of  selecting  members  of  subordinate  wage  boards 
is  left  open  in  all  states  except  Wisconsin  where  the  representa- 
tives are  to  be  appointed  by  the  Industrial  Commission.  In  all 
other  states  the  commissions  merely  make  rules  and  regulations 
governing  the  selection  of  representatives,  although  in  Minnesota 
there  is  the  additional  provision  that  where  practicable  the  repre- 
sentatives of  the  employers  and  employees  are  to.  be  elected. 
Procedure  under  the  subordinate  wage  boards  is  informal  and 
usually  determined  by  the  commissions.  The  members  are  not 
paid  except  in  California,  where  they  receive  $5  a  day  and 
expenses,  and  in  Massachusetts  and  Nebraska,  where  they  are 
paid  at  the  same  rate  as  jurors  (in  Nebraska,  "  jurors  in  the  dis- 
trict court"),  including  necessary  expenses. 

Operation  of  Subordinate  Wage  Boards.  —  Upon  the  establish- 
ment of  a  wage  board  for  any  industry  the  results  of  the  initial 
investigations  of  the  parent  commission  are  first  transmitted  to 
the  subordinate  body  which  may  at  once  conclude  as  to  minimum 
wage  rates,  or  may  demand  further  investigations.  Additional 
results  are  to  be  again  laid  before  the  board  for  consideration  and 
for  determination  as  to  what  should  be  the  minimum  wage  rate. 
After  agreements  have  been  reached  by  the  subordinate  board  as 
to  wages,  hours  or  conditions  of  work,  a  report  with  recommenda- 
tions must  be  made  to  the  commission.  The  recommendations, 
or  a  part  of  them,  may  be  accepted  by  the  commission  or  they 
may  be  referred  back  to  the  wage  board  for  further  investigation, 
or  a  new  wage  board  may  be  convened. 

As  soon  as  the  report  of  the  wage  board  has  been  accepted  by 
the  commission  a  public  hearing  must  be  held,  preceded  in  Cali- 
fornia and  Massachusetts  by  fourteen  days  notice,  in  Oregon  by 
four  weeks,  and  in  Colorado  and  Nebraska  by  thirty  days ;  if 
after  public  consideration  no  change  is  deemed  necessary  in  the 
recommendations  they  are  promulgated  as  orders  which  become 
effective  after  thirty  days  in  Minnesota,  Nebraska  and  Wis- 
consin, and  after  sixty  days  in  California,  Colorado,  Oregon  and 
Washington.  But  in  California  no  order  may  be  issued  before 
April  1,  1914.  In  Massachusetts  the  names  of  employers  refus- 
ing to  accept  the  commission's  findings  may  be  published  imme- 


ANALYSIS  OF  AMERICAN  LAWS.  185 

diately.  The  commissions  may  in  all  states,  except  Wisconsin, 
determine  minimum  wage  rates  for  minors  without  the  aid  of 
subordinate  wage  boards. 

Copies  of  orders  issued  by  a  commission  must  in  all  cases  be 
forwarded  to  the  employer  concerned  in  the  wage  determination. 
In  most  of  the  states  the  employer  is  required  to  post  in  a  con- 
spicuous place  where  women  or  minors  are  employed,  copies  of 
all  orders  issued;  and  in  California  copies  of  orders  must  also 
be  filed  with  the  Commissioner  of  Labor. 

Application  of  Wage  Determinations.  —  Minimum  wage  rates 
may  apply  either  to  time  or  to  piece  work,  and  in  Minnesota 
orders  may  be  issued  for  a  given  locality  or  area.  In  Wisconsin 
the  Industrial  Commission  has  power  to  classify  industries  for 
the  purpose  of  adjusting  wage  rates. 

The  commission  in  each  state  is  authorized  to  make  special 
exemptions  for  defectives  —  the  old,  crippled  or  those  otherwise 
physically  incapacitated.  This  power  applies  only  to  women, 
however,  except  in  Wisconsin,  where  minors  are  also  included. 
In  California  exemption  licenses  for  defectives  may  be  renewed 
every  six  months.  Special  licenses  may  also  be  issued  to  learners 
and  apprentices  in  all  states  except  California  and  Colorado,  and 
in  Oregon  and  Washington  a  time  limit  may  be  fixed  for  the 
licenses  of  learners  and  apprentices. 

In  Wisconsin  any  minor  in  an  occupation  for  which  a  living 
wage  has  been  established  and  which  is  a  "  trade  industry  "  in- 
volving mechanical  skill  and  training,  must,  if  he  has  acquired 
no  trade,  be  indentured  in  a  "  trade  industry  "  as  determined  by 
the  Industrial  Commission  and  as  provided  for  in  the  statutes. 
Any  minor  in  Wisconsin  not  in  a  trade  industry  and  who  has  no 
trade,  but  is  working  in  an  industry  for  which  a  wage  rate  has 
been  established,  is  subject  to  the  same  regulations  as  are  minors 
between  the  ages  of  fourteen  and  sixteen  under  the  child  labor 
law  (an  eight  hour  day,  a  six  day  week,  and  night  work  prohibited 
between  six  at  night  and  seven  in  the  morning). 

Rehearings.  —  If  any  person  objects  to  the  rulings  of  the  com3 
mission,  rehearings  may  be  granted  upon  the  petition  of  any  per- 


186         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

son  from  either  side,  except  in  Colorado,  where  appeals  lie  direct 
to  the  courts.  In  Minnesota  a  rehearing  is  mandatory  upon  the 
request  of  one-fourth  of  the  employers  or  employees  in  any  occu- 
pation in  which  a  wage  determination  has  heen  made.  In  Wis- 
consin no  special  provision  has  been  made  for  rehearings  but 
procedure  would  be  the  same  as  in  the  case  of  other  rehearings 
under  the  Industrial  Commission. 

Enforcement  and  Penalties.  -  -  The  commissions,  except  in 
Colorado,  are  specifically  authorized  to  enforce  all  wage  rulings. 
In  California  and  Washington  no  power  is  given  to  enforce  rul- 
ings concerning  hours  and  conditions  of  work,  these  two  subjects 
falling  directly  within  the  authority  of  the  State  Labor  Commis- 
sioner. Penalties  are  provided  in  all  states  for  an  employer  who 
fails  to  pay  the  minimum  wage  or  who  violates  any  part  of  the 
act  or  any  of  the  commissions'  rulings,  and  also  for  an  employer 
who  discriminates  against  any  employee  who  has  testified  before 
the  commission,  or  who  is  about  to  testify  or  who  the  employer 
believes  is  about  to  testify.  (1)  These  penalties,  which  are  given 
in  detail  in  the  table  on  page  24,  range  from  $10  to  $100 
for  a  violation  of  the  act,  and  from  $25  to  $1,000  for  discrimina- 
tion against  any  employee  testifying  before  the  commission.  An 
employee  who  has  not  been  paid  the  required  minimum  wage  rate 
and  who  is  entitled  to  it  may  recover  in  a  civil  action  the  unpaid 
balance  except  in  Massachusetts  and  Nebraska,  where  the  enforce- 
ment of  the  determinations  establishing  a  minimum  wage  rate 
differs  from  that  in  any  of  the  other  states,  since  in  these  two 
instances  alone  recommendations  cannot  be  issued  as  orders.  In 
these  two  states,  when  a  minimum  wage  rate  is  agreed  upon  the 
commission  must  publish  its  findings  (after  thirty  days  in 
Nebraska)  in  a  given  number  of  papers  throughout  the  state. 
The  publication  also,  in  a  specified  number  of  newspapers,  of  the 
names  of  those  employers  who  refuse  to  pay  the  minimum  rate 
agreed  upon  is  mandatory  in  Nebraska  but  merely  optional  in 
Massachusetts.  No  publisher  is  liable  to  any  action  for  damages, 
except  in  case  of  wilful  misrepresentation.  Any  publisher  in 

(1)  See  proposed  amendment  to  this  section  of  the  Massachusetts  Act,  p.  201. 


ANALYSIS  OF  AMERICAN  LAWS.  187 

either  state  refusing  to  print  the  names  of  such  employers  is  sub- 
ject to  a  fine  of  $100. 

In  these  two  states,  also,  an  employer  may  appeal  to  the  court 
to  have  the  commissions'  rulings  in  his  particular  case  set  aside, 
by  filing  a  declaration  under  oath,  in  Nebraska  that  "  compliance 
with  such  decree  would  endanger  the  prosperity  of  the  business  ", 
and  in  Massachusetts  that  compliance  "  would  render  it  impos- 
sible for  him  to  conduct  his  business  at  a  reasonable  profit ".  In 
Nebraska  court  review  is  authorized  under  the  rules  of  equity 
procedure  and  if  the  court  sustains  the  plaintiff  it  may  issue 
an  order  revoking  the  commission's  rulings.  In  Massachusetts 
the  appeal  is  authorized  in  the  supreme  judicial  court  or  the 
superior  court  and  the  burden  of  proof  is  placed  upon  the  com- 
plainant. If,  in  Massachusetts,  the  court  sustains  the  complain- 
ant it  may  issue  an  order  restraining  the  commission  from  pub- 
lishing the  name  of  the  employer  paying  less  than  the  minimum 
agreed  upon,  but  the  court's  order  cannot  apply  to  any  employer 
except  the  one  entering  complaint. 

Court  Review.  —  In  Minnesota,  alone,  no  special  provision  for 
court  review  is  made.  In  all  other  states  except  Utah  procedure 
and  the  subjects  for  review  are  definitely  specified.  In  Oregon 
and  Washington,  only  questions  of  law  may  be  reviewed  (1)  ; 
in  addition,  in  California,  the  rulings  of  the  commission  may  be 
set  aside  only  if  they  were  secured  by  fraud  or  if  the  commission 
acted  without  its  powers;  in  Colorado  and  Wisconsin  rulings  may 
be  set  aside  if  unreasonable  or  unlawful ;  in  Massachusetts  if 
compliance  would  prevent  a  "  reasonable  profit ",  or  in  Nebraska 
if  compliance  would  be  "  likely  to  endanger  the  prosperity  of  the 
business  " ;  cases  may  be  brought  against  the  commission  only  in 
a  superior  court  (see  table  on  page  193).  In  most  instances 
the  facts  found  by  the  commissions  are  presumed  to  be  reasonable 
and  lawful  and  any  new  evidence  must  be  referred  back  to  the 
commission  for  consideration. 

(1)  See  court  decision  in  case  of  Frank  C.  Stettler  v.  Edwin  V.  O'Hara, 
Bertha  Moores  and  Amedee  M.  Smith,  constituting  the  Industrial  Welfare 
Commission  of  the  State  of  Oregon,  p.  260. 


188         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

COMPAEATIVE    TABLE    OF    AMERICAN    MINIMUM 

WAGE  LAWS. 


MAIN  PROVISIONS  OF  MINIMUM  WAGE   LAWS  IN  THE  UNITED 

STATES. 

SUBSTANTIVE  F  ATURES. 


STATE. 

INDUSTRIES  COVERED. 

EMPLOYEES  COVERED. 

CALIFORNIA: 
C.  324,  Laws  1913. 
In  effect,  August  10,  1913. 

All. 

Women,  and  minors  under 
18. 

COLORADO  : 
C.  110,  Laws  1913. 
In  effect,  August  12,  1913. 

Mercantile,    manufactur- 
ing,    laundry,     hotel, 
restaurant,     telephone 
or  telegraph. 

Same  as  California. 

MASSACHUSETTS  : 
C.  706,  Laws  1912. 
In  effect,  July  1,  1913. 
Am'd  Cs.  330,  673,  L.  1913. 
In  effect,  March  21,  July  1,  1913. 

All. 

Same  as  California. 

MINNESOTA: 
C.  547,  Laws  1913. 
In  effect,  June  26,  1913. 

All. 

Women,  and  minors  under 
21. 

NEBRASKA: 
C.  211,  Laws  1913. 
In  effect,  July  17,  1913. 

All. 

Same  as  California. 

OREGON: 
C.  62,  Laws  1913. 
In  effect,  June  2,  1913. 

All. 

Same  as  California. 

UTAH: 
C.  63,  Laws  1913. 
In  effect,  May  13,  1913. 

All. 

"Females". 

WASHINGTON  : 
C.  174,  Laws  1913. 
In  effect,  June  13,  1913. 

All. 

Same  as  California. 

WISCONSIN  : 
C.  712,  Laws  1913. 
In  effect,  August  1,  1913. 

All. 

Women  and  minors. 

ANALYSIS  OF  AMERICAN  LAWS. 


189 


MAIN  PBOVISIONS  OF  MINIMUM  WAGE  LAWS  IN   THE  UNITED 
STATES —  (Continued). 

SUBSTANTIVE  FEATURES  —  Continued. 


STATE. 

PRINCIPAL  OF  WAGE 
DETERMINATION. 

EXCEPTIONS  FOR 
DEFECTIVES. 

EXCEPTIONS  FOR 
LEARNERS. 

CALIFORNIA. 

"Necessary  cost  of  proper 
living  and  to  maintain 
the  health  and  welfare". 

Special  license,  wo- 
men only,  renew- 
able semi-annual- 

ly. 

None. 

COLORADO. 

"Necessary  cost  of  living, 
maintain  them  in  health, 
and  supply  the  necessary 
comforts  of  life"  and 
"financial  condition  of 
the  business". 

Special  license,  wo- 
men only. 

None. 

MASSACHUSETTS. 

"Necessary  cost  of  living 
and  to  maintain  the 
worker  in  health"  and 
"financial  condition  of 
the  occupation". 

Same  as  Colorado. 

Special   rates    for 
learners     and     ap  - 
prentices. 

MINNESOTA. 

"Wages  sufficient  to  main- 
tain the  worker  in  health 
and  supply  him  with  the 
necessary  comforts  and 
conditions  of  reasonable 
life". 

Special  license,  wo- 
men only,  limited 
to  10  per  cent  of 
employees  in  any 
establishment. 

Same    as    Massachu- 
setts. 

NEBRASKA. 

Same    as    Massachusetts. 

Same  as  Colorado. 

Same    as    Massachu- 
setts. 

OREGON. 

"Necessary  cost  of  living 
and  to  maintain  the 
workers  in  health". 

Same  as  Colorado. 

Same  as  Massachu- 
setts. 

UTAH. 

Experienced  adults,  $1.25 
a  day,  fixed  by  act. 

None. 

Females  under  18,  75 
cents  a  day;   adult 
learners     and     ap- 
prentices, 90    cents 
a  day,  fixed  by  act. 

WASHINGTON. 

Same  as  Oregon. 

Same  as  Colorado. 

Special   license,    with 
time  limit  fixed  by 
commission  . 

WISCONSIN. 

"A  wage  sufficient  to  main- 
tain himself  or  herself 
under  conditions  consis- 
tent with  his  or  her  wel- 
fare". 

Special  license,  wo- 
men and  minors. 

i 

Minors    in    a    "trade 
industry"  must  be 
indentured. 

190 


APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 


MAIN   PKOVISIONS   OF  MINIMUM  WAGE   LAWS  IN   THE   UNITED 
STATES —  (Continued). 

SUBSTANTIVE  FEATURES  —  (Concluded.') 


STATE. 

PENALTY: 
1.  FOR  VIOLATION. 
2.  FOR  DISCRIMINATION.1 

APPROPRIATION. 

CALIFORNIA. 

1.  Minimum,    $50,    imprisonment    for    30 
days,  or  both;    (and  employee  may  sue 
for    wage    balance).     Applies    to    wage 
rulings  only. 

2.  A  misdemeanor. 

$15,000  annually. 

COLORADO. 

1.  Maximum,    $100,    imprisonment    for    3 
months,  or  both;    (and  employee  may 
sue  for  wage  balance). 

2.  For  each  offense,  $25.    . 

$5,000  annually 

MASSACHUSETTS. 

1.  Commission  may  publish  name  in  news- 
papers ($100  for  newspapers  refusing  to 
publish). 

2.  For  each  offense,  $200-$!,  000. 

$7,000  for  1913. 

MINNESOTA. 

1,  2.  For  each  offense,  $10-$50,  or  imprison- 
ment for  10  to  60  days;   (and  employee 
may  sue  for  wage  balance). 

$5,000  annually. 

NEBRASKA. 

1.  Commission  must  publish  names  in  news- 
papers ($100  for  newspapers  refusing  to 
publish). 

2.  For  each  offense,  $25. 

None. 

OREGON. 

1.  $25-$100,  imprisonment   10  days  to  3 
months,  or  both;    (and  employee  may 
sue  for  wage  balance). 

2.  $25-$100. 

$3,500  annually. 

UTAH. 

1.  A  misdemeanor. 

No  special  provision. 

WASHINGTON. 

1.  $25-$  100;    (and  employee  may  sue  for 
wage  balance). 

2.  For  each  offense,  $25-$  100. 

$5,000  annually. 

WISCONSIN. 

1.  For  each  offense,  $10-$  100. 
2.  For  each  offense,  $25. 

General  for  Industrial 
Commission. 

1The  penalty  for  discrimination  is  for  the  employer  who  "discharges  or  in  any  way  dis 
criminates  against  any  employee  because  such  employee  has  testified,  or  is  about  to  testify 
or  because  the  employer  believes  that  the  employee  may  testify,  in  any  investigation  or  pro- 
ceeding" relative  to  the  enforcement  of  the  act. 


ANALYSIS  OF  AMERICAN  LAWS. 


191 


MAIN   PROVISIONS  OF  MINIMUM  WAGE  LAWS  IN   THE  UNJTKD 
STATES  —  ( Continued) . 

ADMINISTRATION  —  CHIEF  ADMINISTRATIVE  BODY. 


STATE. 

NAME. 

PERSONNEL. 

CALIFORNIA. 

Industrial    Welfare    Commis- 
sion. 

5  persons,  1  a  woman. 
(May  engage   secretary   and   necessary 
assistants). 

COLORADO. 

State  Wage  Board. 

3    persons:     1    labor   representative,    1 
employer,  1  woman. 
(May  engage  secretray). 

MASSACHUSETTS. 

Minimum  Wage  Commission. 

3  persons,  1  a  woman. 
(May  engage  secretary). 

MINNESOTA. 

Minimum  Wage  Commission. 

3   persons:     commissioner   of   labor,    1 
employer  of  women,   1   woman  sec- 
retary. 

NEBRASKA. 

Minimum  Wage  Commission. 

4  persons:    governor,  deputy  commis- 
sioner of  labor,  professor  of  political 
science  in  state  university,  1  citizen 
of  state  (la  woman). 

OREGON. 

Industrial    Welfare    Commis- 
sion. 

3  persons:    1  representative  of  employ- 
ing class,  1  of  employed  class,   1  of 
public. 
(May  engage  secretary). 

UTAH. 

Commissioner  of  Immigration, 
Labor  and  Statistics. 

WASHINGTON. 

Industrial    Welfare    Commis- 
sion. 

5    persons:     commissioner   of   labor,    4 
disinterested  citizens. 
(May  engage  secretary). 

WISCONSIN. 

Industrial  Commission. 

3  persons. 
(May  engage  assistants). 

192 


APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 


MAIN   PROVISIONS   OF  MINIMUM  WAGE   LAWS  IN   THE   UNITED 
STATES —  (Continued). 

ADMINISTRATION  —  CHIEF  ADMINISTRATIVE  BODY  —  (Continued). 


STATE. 

APPOINTMENT  AND 
COMPENSATION. 

INVESTIGATION. 

INITIATION. 
1.  ORIGINAL  INQUIRY. 
2.  REHEARINGS. 

POWERS. 

CALIFORNIA. 

By    governor,    for    4 
years. 
$10    a    day    and    ex- 
penses. 

1.  By     commission,     or 
upon  petition. 

2.  By     commission,     or 
upon   petition   of  em- 
ployers  or  employees. 

Subpoena     witnesses, 
administer      oaths, 
examine  books,  en- 
ter premises. 

COLORADO. 

By    governor,    for    2 
years. 

Expenses  up  to  $1,300 
annually  ;   secretary, 
$1,200  annually. 

1.  By  commission. 
2.  None  provided. 

Subpoena     witnesses, 
administer      oaths, 
examine  books. 

MASSACHUSETTS  . 

By     governor,     for     3 
years. 

$10    a    day    and    ex- 
penses. 

1.  Same  as  Colorado. 

2.  Upon  petition  of  em- 
ployers or  employees. 

Same  as  Colorado. 

MINNESOTA. 

Same  as  Colorado. 

Expenses;      secretary, 
$1,800  annually. 

1.  By  commission,  or  at 
request     of     100    em- 
ployees. 

2.  By  commission,  or  at 
request    of   one-fourth 
of    the    employers    or 
employees  in  an  occu- 
pation. 

Same  as  Colorado. 

NEBRASKA. 

Same  as  Colorado. 
Expenses. 

1.  Same  as  Colorado. 

2.  Same     as     Massachu- 
setts. 

Same  as  Colorado. 

OREGON. 

Same  as  Massachusetts  . 
Expenses. 

1.  Same  as  Colorado. 
2.  None  provided. 

Same  as  Colorado. 

UTAH. 

By  governor,  with  con- 
sent of  senate,  for  2 
years. 

$1,800    and    $500    ex- 
penses, annually. 

WASHINGTON. 

Same  as  California. 
Expenses. 

1.  Same  as  Colorado. 
2    Same  as  Massachusetts. 

Same  as  Colorado. 

WISCONSIN. 

By  governor,  with  con- 
sent of  senate,  for  6 
years. 

$5,000    annually,    and 
expenses. 

1.  By     commission,     or 
upon  complaint. 

2.  No  special  provisions. 

Same  as  California. 

ANALYSIS  OF  AMERICAN  LAWS. 


193 


MAIN    PROVISIONS   OF  MINIMUM  WAGE  LAWS  IN   THE  UNITED 

STATES —  (Continued). 


ADMINISTRATION  — CHIEF  ADMINISTRATIVE  BODY  —  (Concluded). 


STATE. 

AUTHORITY  : 

1.  To  DETERMINE. 
2.  To  ENFORCE. 

COURT  REVIEW: 
1  .  COURT 
2.  GROUNDS  FOR  SETTING  ASIDE 
RULING. 

CALIFORNIA. 

1.  Minimum     wages,     maxi- 
mum hours,  and  conditions 
of  labor.2 

2.  Wage  rulings,   upon   com- 
plaint. 

1.  Superior  court,  on  questions  of  law 
only. 

2.  If  procured  by  fraud  or  if  the  com- 
mission acted  outside  its  powers. 

COLORADO. 

1.  Minimum  wages. 

1.  District   court   on    questions  of  law 
only. 

2.  If  unlawful  or  unreasonable. 

MASSACHUSETTS. 

1.  Same  as  Colorado. 
2.  Its  rulings  (see  "Penalty"). 

1.  Supreme  judicial  court,  or  superior 
court. 

2.  If  compliance  would  prevent  a  "rea- 
sonable profit". 

MINNESOTA. 

1.  Same  as  Colorado. 
2.  The  act. 

None  provided. 

NEBRASKA. 

1.  Same  as  Colorado. 
2.  Same  as  Massachusetts. 

1.  District  court. 

2.  If  compliance  "is  likley  to  endanger 
the  prosperity  of  the  business". 

OREGON. 

1  .  Same  as  California. 
2.  All  rulings. 

1.  Circuit    court,   on    questions   of   law 
only. 

UTAH. 

1.  None. 
2.  Same  as  Minnesota. 

None. 

WASHINGTON. 

1.  Minimum  wages  and  con- 
ditions of  labor. 

2.  Same  as  California. 

1.  Superior  court,  on  questions  of  law 
only. 

WISCONSIN. 

1.  Minimum     wages,      maxi- 
mum   hours    (C.    381,    L. 
1913),    and    conditions    of 
labor  (C.  485.  L.  1911). 

2.  Wage  rulings,   upon  com- 
plaint,        other         rulings 
directly. 

1.  Circuit   court,    on    questions   of  law 
only. 

2.  If  unlawful  or  unreasonable. 

2  The  California  law  is  the  only  one  which  forbids  the  commission  to  act  as  a  board  of 
arbitration  during  a  strike  or  lockout. 


194         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

MAIN   PROVISIONS   OF  MINIMUM  WAGE   LAWS  IN   THE  UNITED 

STATES —  (Concluded}. 


ADMINISTRATION  —  SUBORDINATE  BODY.3 


STATE. 

NAME. 

PERSONNEL. 

APPOINTMENT  AND 
COMPENSATION. 

CALIFORNIA. 

Wage  board. 

Equal  number  representatives 
of  employers  and  em- 
ployees, and  a  representa- 
tive of  the  commission. 

By      commission's      rules 
(optional). 

$5    a  day  and  expenses. 

COLORADO. 

None. 

MASSACHUSETTS  . 

Wage  board. 

At  least  6  representatives  of 
employers,  6  of  employees, 
and  one  or  more  represen- 
tatives of  public. 

By      commission's      rules 
(only  in  case  of  women, 
then  mandatory)  . 

Same  rate  as  jurors. 

MINNESOTA. 

Advisory 
board  . 

3-10  representatives  of  em- 
ployers, equal  number  of 
employees,  and  1  or  more 
representatives  of  public; 
at  least  one-fifth  women. 

By     commission's     rules 
election  when  practica- 
ble;  (optional). 

None. 

NEBRASKA. 

Wage  board. 

At  least  3  representatives  of 
employers,  3  of  employees, 
and  the  3  appointed  mem- 
bers of  the  commission  . 

By    commission    (only    in 
case    of    women,    then 
mandatory) 

Same  as  jurors  in  district 
court. 

OREGON. 

Conference. 

Not  more  than  3  representa- 
tives of  employers,  3  of  em- 
ployees, 3  of  public  and  1 
or  more  commissioners. 

By    commission    (only    in 
case    of    women,    then 

optional). 

None. 

UTAH. 

None. 

WASHINGTON. 

Conference. 

Equal  number  of  representa- 
tives of  employers  and  em- 
ployees,   and     1     or    more 
representatives  of  public. 

By      commission's      rules 
(only  in  case  of  women, 
then  optional). 

None. 

WISCONSIN. 

Advisory 
wage  board. 

"So  as  fairly  to  represent  em- 
ployers, employees  and  the 
public". 

By    commission    (manda- 
tory). 

None. 

3  In  all  cases  the  functions  of  the  subordinate  body  are  advisory  only,  its  operations  ere 
confined  to  the  industry  in  question,  and  its  rules  of  procedure  are  determined  by  the  com- 
mission. 

Reprinted  by  courtesy  of  the  AMERICAN  ASSOCIATION  FOR  LABOR  LEGISLATION,  131  East 
23rd  Street,  New  York  City. 


OPERATION  OF  AMERICAN  LAWS.  195 

4.     OPERATION  OF  AMERICAN  LAWS. 

Although  the  majority  of  the  minimum  wage  laws  were  in 
effect  by  the  summer  of  1913,  but  little  progress  was  made  that 
year  in  any  state  except  Oregon,  where  minimum  wage  rates  for 
certain  classes  of  industry  were  established  as  reprinted  below. 
In  Colorado  and  Nebraska,  as  late  as  February,  1914,  the  com- 
missions had  not  yet  been  appointed.  In  all  other  states,  how- 
ever, developments  are  so  rapidly  taking  place  thai  at  this  time 
it  is  safe  only  to  make  a  preliminary  statement  concerning 
methods  and  results. 

Commissions  in  America  began  work  along  two  different  lines. 
In  one  case  the  English  and  colonial  method  was  followed, 
whereby  wage  boards  were  created  for  each  particular  industry. 
In  the  other  case,  one  entire  class  of  industries,  as  manufacturing 
or  mercantile  establishments,  was  taken  up  as  a  whole.  This 
latter  method  was  the  one  followed  in  Oregon,  Washington  and 
Minnesota,  while  the  former  method  was  followed  in  Massachu- 
setts and  California.  In  Wisconsin  the  Industrial  Commission 
was  given  power  to  classify  occupations  and  to  appoint  advisory 
boards  for  each  class  when  deemed  necessary  by  the  commission. 

Oregon. 

The  Oregon  Industrial  Welfare  Commission  began  its  work 
on  June  3,  1913.  It  was  the  first  of  the  state  commissions  to 
organize.  Previous  to  the  enactment  of  the  minimum  wage  law 
an  intensive  investigation  had  been  made  into  conditions  of  work 
and  wages  of  women  and  minors  in  Oregon.  The  commission 
was  prepared  almost  immediately,  therefore,  for  wage  conferences 
in  mercantile  and  manufacturing  industries,  and  on  August  5 
issued  the  following  first  American  minimum  wage  order  to  take 
effect  October  4,  1913: 

Order  No.  1. 

1.  No  girl  under  the  age  of  eighteen  years  shall  be  em- 
ployed in  any  manufacturing  or  mercantile  establishment, 
millinery,  dressmaking  or  hair  dressing  shop,  laundry,  hotel 
or  restaurant,  telephone  or  telegraph  establishment  or  office 


196         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

in  the  State  of  Oregon  more  than  eight  hours  and  twenty 
minutes  during  any  one  day  or  more  than  fifty  (50)  hours 
in  any  one  week. 

2.  No  girl  under  the  age  of  eighteen  shall  be  employed 
in  any  one  of  the  above  named  occupations  after  the  hour  of 
six  o'clock  P.  M. 

3.  A  minimum  wage  of  one  dollar  ($1)  a  day  shall  be 
established  for  girls  between  the  ages  of  sixteen   (16)   and 
eighteen  (18)  years,  working  in  the  above  mentioned  occu- 
pations except  as  otherwise  arranged  by  the  Commission  in 
the  cases  of  apprentices  and  learners. 

On  September  10  the  Commission  made  the  following  second 
order  in  regard  to  women  in  manufacturing  establishments,  to 
take  effect  November  10,  1913 : 

Order  No.  2. 

]STo  person,  firm,  corporation  or  association  owning  or 
operating  any  manufacturing  establishment  in  the  city  of 
Portland,  Oregon,  shall  employ  any  women  in  said  establish- 
ment for  more  than  nine  hours  a  day,  or  fifty-four  hours  a 
week;  or  fix,  allow  or  permit  for  any  woman  employee  in 
said  establishment  a  noon  lunch  period  of  less  than  forty-five 
minutes  in  length ;  or  employ  any  experienced,  adult,  woman 
worker,  paid  by  time  rates  of  payment,  in  said  establishment 
at  a  weekly  wage  of  less  than  $8.64,  any  lesser  amount  being 
hereby  declared  inadequate  to  supply  the  necessary  cost  of 
living  to  such  women  factory  workers,  and  to  maintain  them 
in  health. 

The  third  order,  issued  September  23,  applies  to  women  in 
mercantile  establishments,  and  became  effective  November  23, 
1913: 

Order  No.  3. 

No  person,  firm  or  corporation  owning  or  conducting  any 
mercantile  establishment;  in  the  city  of  Portland,  Oregon, 
shall  pay  to  any  experienced,  adult  woman  worker  a  wage 


OPERATION  OF  AMERICAN  LAWS.  197 

less  than  nine  dollars  and  twenty-five  cents  ($9.25)  a  week. 
Nor  shall  any  such  person,  firm,  or  corporation  owning  or 
conducting  any  mercantile  establishment  in  the  city  of  Port- 
land, Oregon,  employ  any  woman  worker  in  such  mercantile 
establishment  more  than  eight  (8)  hours  and  twenty  (20) 
minutes  in  any  day,  and  fifty  (50)  hours  in  any  week,  or 
after  the  hour  of  six  (6)  o'clock  in  the  afternoon  of  any  day. 

It  was  later  found  necessary  to  amend  Order  No.  3  by  extend- 
ing the  closing  hour  from  6  p.  M.  to  8  p.  M.  for  six  months  after 
November  23,  but  five  of  the  larger  department  stores  complied 
with  the  six  o'clock  closing  rule  after  January  1,  1914.  In  view 
of  the  fact  that  these  orders  established  a  working  day  of  eight 
hours  and  twenty  minutes  for  minors  in  manufacturing  establish- 
ments while  permitting  a  nine  hour  day  for  adult  females,  the 
Commission  issued  the  following  notice: 

PORTLAND,  OREGON,  September  17,  1913. 

Notice  is  hereby  given  that  in  establishments  where  minors 
are  working  together  with  adults,  and  the  enforcement  of 
an  eight  hour  and  twenty  minute  maximum  day  for  female 
minors  would  cause  them  to  be  dismissed,  this  Commission 
will  receive  application  from  the  establishment  for  permit 
allowing  female  minors  to  work  the  same  hours  as  the  adults 
in  the  establishment  in  which  minors  are  employed.  Such 
application  should  show  that  such  hours  are  not  excessive  in 
view  of  the  work  required. 

INDUSTRIAL  WELFARE  COMMISSION. 

The  form  of  permit  issued  by  the  Commission  is  as  follows : 

PORTLAND,  Oregon ,  19. .. 

The  Industrial   Welfare   Commission   of  the   State   of   Oregon 

hereby  permits  the  employment  of  female  minors  at 

,   located   at ,  Oregon,   for   more  than 

(Name  of  Establishment) 

eight  hours  and  twenty  minutes  a  day,  but  not  to  exceed  nine 
hours  a  day. 

This  permit  may  be  cancelled  at  any  time  by  the  Commission 
should  it  be  shown  that  nine  hours  of  employment  a  day  is  detri- 
mental to  the  health  of  such  female  minor  employees  in  view  of 
the  character  of  the  work  they  are  called  upon  to  perform. 

,  Secretary. 


198          APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

'In  the  meantime  wage  conferences  had  been  held  and  infor- 
mation had  been  secured  on  the  subjects  of  the  six-day  week, 
night  work,  and  the  length  of  time  a  woman  worker  may  be 
deemed  to  be  inexperienced  —  the  period  of  apprenticeship  or  of 
learning  before  she  is  entitled  to  receive  the  minimum  wage. 
On  December  3d  and  9th,  respectively,  1913,  the  following  orders 
were  issued: 

Order  No.  4. 

(1)  No   person,    firm,    corporation   or   association   shall 
employ  any  experienced,  adult  woman  in  any  office,  or  at 
office  work,  in  the  city  of  Portland  for  more  than  fifty-one 
hours  in  any  week,  nor  at  a  wage  rate  of  less  than  forty  dol- 
lars ($40.00)  a  month. 

(2)  The  following  classes  of  work  are  included  under 
this  ruling  as  office  work : 

Stenographers,  bookkeepers,  typists,  billing  clerks,  filing 
clerks,  cashiers  (moving  picture  theatres,  restaurants,  amuse- 
ment parks,  ice  cream  stands,  etc.),  checkers,  invoicers, 
comptometer  operators,  auditors,  and  all  kinds  of  clerical 
work. 

Said  Order  shall  become  effective  from  and  after  Feb- 
ruary 2,  1914. 

Order  No.  5. 

(1)  No  person,   firm  or  corporation  shall  employ   any 
experienced,  adult  woman  in  any  industry  in  the  State  of 
Oregon,  paid  by  time  rate  of  payment,  at  a  weekly  wage  rate 
of  less  than  eight  dollars  and  twenty-five  cents   ($8.25)    a 
week,  any  lesser  amount  being  hereby  declared  inadequate 
to  supply  the  necessary  cost  of  living  to  such  women  workers 
and  to  maintain  them  in  health. 

(2)  Nor  shall  any  such  person,  firm  or  corporation  em- 
ploy women  in  any  industry  in  the  State  of  Oregon  for  more 
than  fifty-four  (54)  hours  a  week. 

(3)  Nor  shall  any  such  person,  firm  or  corporation  pay 
inexperienced,  adult  women  workers  employed  by  time  rate 


OPERATION  OF  AMERICAN  LAWS,  199 

of  payment,  at  a  rate  of  wages  less  than  six  dollars  ($6.00) 
a  week.  And  the  maximum  length  of  time  such  workers 
may  be  considered  inexperienced  in  any  industry  shall  not 
exceed  one  year. 

(4)  No  person,  firm  or  corporation  owning  or  conduct- 
ing any  mercantile,  manufacturing  or  laundry  establishment 
in  the  State  of  Oregon  shall  employ  women  workers  in  such 
establishment  later  than  the  hour  of  eight-thirty  (8:30) 
o'clock  p.  M.  of  any  day.  This  hour  of  dismissal  does  not 
apply  to  telephone  and  telegraph  companies,  confectionery 
establishments,  restaurants  and  hotels. 

Said  Order  shall  become  effective  from  and  after  Feb- 
ruary 7,  1914. 

The  Oregon  law  was  the  first  to  be  carried  into  the  courts  and 
the  favorable  decision  of  the  Supreme  Court  will  be  found  on 
p.  103. 

California. 

The  California  law  fixed  April  1,  1914,  as  the  first  date  upon 
which  determinations  might  become  effective,  but  investigations 
were  undertaken  earlier  by  industries  as  in  Massachusetts,  and 
preliminary  conferences  were  held  in  order  to  interest  and  inform 
the  employers.  In  California  the  Commission  has  authority  to 
fix  maximum  hours,  minimum  wages  and  conditions  of  work. 
The  industries  first  selected  for  standardizing  were  laundries, 
retail  stores,  confectionery  manufacture,  and  the  canneries. 

Massachusetts. 

In  January,  1912,  the  Massachusetts  Commission,  authorized 
the  previous  year  to  study  the  wages  of  women  and  minors  and 
to  advise  as  to  the  need  of  minimum  wage  legislation,  made  a 
report  on  investigations  of  conditions  in  the  confectionery  in- 
dustry, retail  stores  and  laundries.  When  the  permanent  wage 
commission  began  its  work  on  July  1,  1913,  it  undertook  investi- 
gations into  the  small  brush-making  industry,  and  into  the  larger 
corset  and  confectionery  industries. 


200         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

The  brush-making  investigation  was  the  first  to  be  completed 
and  a  wage  board  was  formed.  In  arranging  for  this  first  wage 
board  the  Commission  said :  "  It  was  the  policy  of  the  Commis- 
sion to  appoint  the  members  of  the  wage  board  in  such  a  way  that 
it  might  be  as  widely  representative  as  possible.  To  this  end, 
every  manufacturer  in  the  state  was  asked  to  make  nominations. 
Nominations  were  also  called  for  from  the  workers  and  efforts 
were  made  to  secure  representatives  from  the  different  groups 
and  nationalities  among  them.  The  invitations  to  make  nomina- 
tions were  responded  to  in  two  cases  by  the  manufacturers,  in 
each  of  which,  appointments  followed,  and  in  three  cases  by  the 
workers,  as  a  result  of  which  two  appointments  were  made. 
Although  the  manufacturers  failed  to  make  a  sufficient  number 
of  nominations  to  constitute  their  representation,  they  were 
nevertheless  (with  a  single  exception)  ready  to  accept  appoint- 
ment. The  workers  were  likewise  willing  to  serve,  but  some  of 
them  labored  under  a  serious  handicap  in  their  apprehension  that 
their  activities  upon  the  board  might  affect  the  tenure  of  their 
positions.  The  Commission  is  glad  to  say  that  in  the  main  this 
apprehension  proved  without  foundation.  Aside  from  the  protec- 
tion afforded  by  the  statute  itself,  the  co-operation  on  the  part  of 
employers  which  has  been  mentioned  in  connection  with  the 
gathering  of  information  was  conspicuous  here  also.  That  there 
should  have  been  one  apparent  exception  is  not  surprising,  though 
regrettable.  That  there  should  have  been  only  one,  is  a  tribute 
to  the  good  sense .  and  public  spirit  of  the  employers  in  this 
industry  and  is  matter  for  congratulation.  In  the  one  instance, 
however,  two  workers  who  were  appointed  to  the  wage  board  were 
t  laid  off '  immediately  after  their  appointment.  This  apparent 
defiance  of  the  letter  and  spirit  of  the  statute  is  now  receiving 
the  attention  of  the  Commission." 

An  attempt  to  prevent  such  occurrences  was  made  through  a 
proposed  amendment  to  the  present  law.  This  amendment 
(H.  74,  1914)  placed  a  penalty  upon  employers  who  discriminate 
against  any  employee  who  serves  upon  a  wage  board,  and  also 
gave  the  Commission  final  power  in  selecting  members  of  wage 
boards.  The  amendment  to  section  four  provided  that : 


OPERATION  OF  AMERICAN  LAWS,  201 

"  The  Commission  shall  have  absolute  and  final  power  in 
determining  who  shall  be  members  of  any  wage  board,  and 
may  fill  any  vacancy  in  the  membership  of  any  wage  board 
at  any  time  occurring.  In  selecting  the  members  to  repre- 
sent the  female  employees  in  any  occupation,  the  Commis- 
sion shall,  so  far  as  it  deems  practicable,  ascertain  what  per- 
sons are  desired  by  said  female  employees  as  the  representa- 
tives of  said  female  employees  on  said  board ;  and  similarly 
in  its  selection  of  members  to  represent  the  employers  it 
shall,  so  far  as  it  deems  practicable,  ascertain  what  persons 
are  desired  by  said  employers  as  their  representatives  ". 

The  amendment  to  section  thirteen  provided  a  penalty  of  $200 
to  $1,000  for  an  employer  who  discharged  or  discriminated 
against  any  employee  who  has  served 

"or  is  about  to  serve  upon  a  wage  board,  or  has  given  or  is 
about  to  give  information  concerning  the  conditions  of  such 
employee's  employment,  or  because  the  employer  believes 
the  employee  may  testify,  or  may  serve  upon  a  wage  board, 
or  may  give  information  concerning  conditions  of  the. 
employee's  employment ". 

In  describing  the  activities  of  the  commission,  the  first 
annual  report  states  that 

"  During  the  six  months  of  the  commission's  activity, 
from  July  1,  1913,  to  January  1,  1914,  investigations  have 
been  made  into  the  wages  of  women  employees  in  three 
industries,  the  brush  industry,  the  corset  industry,  and  the 
confectionery  industry,  (1)  and  have  been  begun  in  other 

industries.  The  industries  were  chosen  on  account  of  the 
large  proportion  of  women  workers  -among  the  employees 
and  the  low  level  of  wages  indicated  by  such  available 
material  as  the  reports  of  the  Bureau  of  Statistics,  especially 
Manufactures  1911,  and  various  other  special  reports.  In 

(1)  The  analysis  of  the  data  concerning  the  confectionery  industry  has  not 
yet  been  complied,  consequently  the  results  are  not  available  for  the  present 
report. 


202         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

the  case  of  brushes  and  corsets,  a  study  was  made  of  every 
establishment  within  the  State  which  employs  women,  in  so 
far  as  the  names  and  locations  of  such  establishments  could 
be  ascertained. 

"  The  Commission  has  held  it  of  first  importance  to  inform 
itself  to  the  fullest  possible  extent  regarding  the  elements 
of  the  labor  contract;  the  wages  paid  and  the  corresponding 
occupations  and  hours.  A  transcript  of  the  pay  roll  for  the 
past  fifty-two  weeks  was  taken  by  agents  of  the  commission 
for  all  female  employees.  Where  the  earnings  are  deter- 
mined by  piece  rates,  a  schedule  of  such  rates  for  the  various 
occupations  in  each  establishment  was  secured.  Books  were 
defective  or  in  such  condition  that  only  partial  records  were 
obtainable  in  a  small  number  of  cases,  but  on  the  whole  the 
pay  rolls  appeared  to  be  accurately  kept.  In  all,  wage 
records  for  the  fifty- two  weeks  preceding  the  investigations 
were  taken  for  6,926  women  employees,  837  of  these  for 
brush  workers,  2,388  for  women  employed  in  the  corset 
factories  and  3,701  for  women  at  work  on  candy.  For  a 
large  number  of  these,  personal  data  regarding  age,  birth- 
place, family  and  living  conditions  was  also  obtained.  In 
addition,  a  careful  study  was  made  of  each  process  in  which 
women  are  engaged,  whether  performed  by  hand  or  machine. 

"According  to  analysis  of  the  results  of  the  separate  indus- 
tries, a  considerable  number  of  women  workers  are  receiving 
a  wage  which  is  inadequate  to  supply  them  with  the  neces- 
saries of  life.  Almost  exactly  two-thirds  of  the  brush 
workers  for  whom  wage  records  were  available  received  an 
average  for  the  year  of  less  than  $6  a  week.  A  smaller  pro- 
portion of  corset  workers,  35.5  per  cent.,  received  less  than 
$6  a  week.  The  sum  named  is  lower  than  the  minimum 
amounts  usually  named  as  necessary  to  maintain  a  normal, 
healthy  existence  for  women  workers. 

"  In  connection  with  these  statements,  however,  the  failure 
of  many  employers  to  keep  records  of  the  number  of  hours 
worked  must  be  taken  into  consideration.  In  both  the  brush 
and  corset  industries,  records  of  hours  worked  were  avail- 
able for  only  a  small  proportion  of  the  employees,  and  in 


OPERATION  OF  AMERICAN  LAWS.  203 

many  cases  for  only  a  few  weeks  immediately  preceding  the 
investigation.  The  statement  is  made  by  certain  manufac- 
turers that  not  only  do  a  large  number  of  the  employees 
work  for  only  part  time,  but  also  that  failure  to  work  for 
full  time  is  due,  not  to  lack  of  work  in  the  factory,  but  to 
choice  on  the  part  of  the  workers.  Consequently  the  amount 
received  at  the  end  of  the  week  is  frequently  smaller  than 
the  sum  which  the  workers  might  have  earned  had  they  been 
employed  for  full  time.  The  work  of  the  commission  has 
been  handicapped  to  some  extent  by  this  defect  in  the 
records,  since  the  average  earnings  and  the  length  of  the 
average  week  could  be  related  in  so  small  a  proportion  of 
cases.  Fortunately  such  difficulties  will  be  lessened  after 
the  present  year,  owing  to  the  passage  of  the  law  requiring 
employers  of  labor  in  manufacturing  and  mercantile  estab- 
lishments to  keep  time  books  showing  the  number  of  hours 
worked  by  all  employees  each  day.(l) 

"  With  very  few  exceptions,  the  manufacturers  have 
shown  the  fullest  co-operation  and  have  facilitated  in  every 
way  the  work  of  the  commission  and  its  agents.  The  com- 
mission wishes  to  make  acknowledgement  of  the  many  cour- 
tesies which  have  been  extended  by  manufacturers  and  their 
representatives. 

"  It  has  been  the  endeavor  of  the  commission  to  carry  on 
its  study  with  the  least  possible  disturbance  to  the  indus- 
tries, consistent  with  its  purpose  to  inform  itself  thoroughly 
as  to  the  facts  of  the  wage  situation." 

Minnesota. 

In  Minnesota  the  commission  began  its  work  by  investigating 
mercantile  and  manufacturing  establishments,  following  the 
method  adopted  in  Oregon.  The  preliminary  investigation  into 
mercantile  establishments  was  completed  in  January,  1914,  and 
a  wage  board  was  formed,  consisting  of  twenty-five  members  — 
ten  employers  from  the  larger  department  stores  of  Minneapolis 
and  St.  Paul,  ten  representatives  of  employees  and  five  repre- 

(1)    C.  619,  Acts  of  1913. 


204:         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

sentatives  of  the  public.  Early  in  January  on  a  Sunday  after- 
noon a  large  mass  meeting  of  employees,  followed  by  a  luncheon, 
was  held  in  the  state  capitol  at  St.  Paul  to  interest  and  instruct 
the  workers  in  regard  to  the  operation  of  the  law. 

By  the  first  of  March  the  board  had  held  four  meetings  and 
had  appointed  four  committees,  one  to  determine  tht;  cost  of  board 
and  lodging;  one  to  determine  the  cost  of  clothing;  one  to  deter- 
mine the  period  of  apprenticeship;  and  one  to  determine  what 
should  be  included"  under  miscellaneous  expenses. 

The  investigation  into  manufacturing  industries  was  next 
undertaken  by  the  commission,  and  a  wage  board  brought 
together.  The  commission,  for  the  most  part,  secured  its  infor- 
mation concerning  wages  received  and  the  cost  of  living  by  cir- 
culating among  employees  blanks  which  were  returned  to  the 
commission  when  filled  out.  Information  concerning  wages  paid 
was  secured  from  employers  who  furnished  copies  of  their 
pay-rolls.  (1) 

Upon  the  formation  of  the  first  wage  board  (for  mercantile 
industries)  the  board  requested  from  the  attorney-general  his 
opinion  on  the  following  list  of  questions: 

Whereas,  It  is  not  entirely  clear  what  powers  and  duties 
the  commission  or  ourselves  as  an  advisory  board  have, 
or  by  what  methods  we  shall  proceed,  in  the  matter  of  fixing 
a  living  wage,  and  it  is  advisable  in  order  that  time  may  be 
saved  and  we  may  do  our  work  speedily  and  to  the  best 
advantage  that  we  be  advised  upon  those  matters  at  once; 

Now,  therefore,  be  it  resolved  that  we  request  the  com- 
mission to  submit  the  following  questions  to  the  attorney- 
general  for  his  answer  in  writing  so  that  we  may  have  them 
before  us  for  our  guidance  in  our  work. 

1.  Must  not  the  commission  fix  a  minimum  wage  in  the 
"  occupation "  for  the  entire  state  at  one  time  ?  It  is 
claimed  by  some  that  the  action  of  the  commission  must  be 
with  reference  to  and  for  the  entire  state,  though  in  fixing 

(1)  In  an  eighty-four  page  pamphlet,  issued  February  2,  1914,  Home  G. 
Brown,  of  Minneapolis,  attacked  the  practicability  and  constitutionality  of 
the  Minnesota  law. 


OPERATION  OF  AMKIIICAN  LAWS.  205 

the  actual  minimum  it  may  vary  the  minimum  in  different 
parts  of  the  state;  but  though  the  minimum  may  differ  in 
various  parts  of  the  state  they  must  all  be  fixed  at  the  same 
time  and  as  part  of  the  same  investigation  and  proceeding. 
Answer  —  No. 

In  other  words,  can  the  commission  investigate  the  mini- 
mum wage  in  any  "  occupation  "  and  act  upon  it  within  a 
district  less  in  extent  than  the  entire  state?  Answer  —  Yes. 

2.  Section  5  provides  that  the  commission  shall  establish 
a  minimum  rate  of  wages  for  an  "  occupation  "  after  care- 
ful investigation,  the  commission  is  of  opinion  the  wages 
paid  to  one-sixth  or  more  of  the  women  or  minors  employed 
therein  are  less  than  living  wages.  Can  the  commission  fix 
a  minimum  wage  unless  upon  such  investigation  they  find 
that  at  least  one-sixth  of  the  women  or  minors  employed  in 
the  "  occupation  "  within  the  state  are  receiving  less  than 
living  wages  ?  Answer  —  No. 

Must  they  find  that  one-sixth  or  more  of  the  women  are 
receiving  less  than  living  wages  before  they  can  fix  mini- 
mum wages  for  women,  and  that  one-sixth  or  more  of  the 
minors  employed  in  the  "  occupation  "  throughout  the  state 
are  receiving  less  than  living  wages  before  they  can  fix  the 
minimum  wage  for  minors  ?  Answer  —  No. 

Or,  can  they  consider  women  and  minors  as  belonging  to 
the  same  class  and  fix  minimum  wages  for  each  if  they  find 
one-sixth  of  the  aggregate  number  of  women  and  minors  are 
receiving  less  than  living  wages  ?  Answer  —  Yes. 

Must  the  commission  fix  a  minimum  for  both  women  and 
minors  in  the  "  commission ",  if  they  fix  a  minimum  for 
either?  Can  the  minimum  fixed  for  women  differ  in 
amount  from  that  fixed  for  minors  in  the  same  "  occupa- 
tion "  and,  if  so,  on  what  basis  must  the  difference  be  fixed? 

Answer  —  Yes.     Respective  cost  of  living  of  the  two. 

Can  the  commission  fix  a  different  minimum  for  male  and 
female  minors  in  the  same  "  occupation  "  ?  Answer  —  No. 


206         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

3.  What  is  an  apprentice  or  learner?     (This  question  is 
answered  by  paragraph  6  of  section  20  of  the  act  itself.)     By 
what  rule  shall  the  commission  determine  what  is  an  appren- 
tice, and  what  is  a  learner?     (See  above  answer.) 

Must  the  minimum  for  apprentices  be  the  same  as  for 
ordinary  workers?  Answer  —  Yes.  (See  paragraph  7, 
section  20  of  the  law.)  If  not,  on  what  basis  must  the  com- 
mission fix  the  minimum  for  apprentices,  if  the  cost  of  living 
is  to  determine  the  wage? 

4.  Must  the  commission  make  the  minimum  apply  to  all 
classes  without  regard  to  the  necessity  of  the  class  or  of  the 
individual    in    the    class  ?      Answer  —  That    depends    upon 
facts  and  applies  to  all  as  denned  in  paragraph  8,  section  20 
of  the  law.    By  what  rule,  if  any,  is  the  commission  to  deter- 
mine what  is  necessary  to  maintain  the  worker  in  health, 
and  what  are  the  necessary  comforts  and  conditions  of  rea- 
sonable life?     Answer— -This  is  by  ascertaining  the  mini- 
mum cost  of  living. 

Can  the  minimum  wage  be  varied  or  fixed,  having  in  mind 
the  ability  of  the  employer  to  pay  the  wage,  and  having  in 
mind  the  necessity  of  the  employee  to  contribute  to  the  sup- 
port of  a  family  or  others  dependent?  Answer  —  The 
attorney-general  concluded  the  commission  had  nothing  to 
do  with  this  matter. 

Must  not  the  wage  be  fixed  solely  with  reference  to  the 
actual  needs  of  the  employee  of  ordinary  ability  for  a  decent 
livelihood  for  the  employee  alone,  without  allowing  anything 
to  enable  the  employee  to  contribute  to  the  support  of  a 
dependent,  and  without  allowing  anything  for  education  or 
amusement  or  for  clothing  or  housing  beyond  that  which  will 
afford  a  minimum  of  comfort  and  amusement.  (See  sub- 
division 1,  paragraph  1,  section  20,  of  the  law.) 

Can  the  commission  in  fixing  a  minimum  wage  allow  any- 
thing off  or  in  reduction  because  of  the  advantages,  educa- 
tional or  otherwise,  which  the  employee  gets  from  the  par- 
ticular employment  ?  Answer  —  Probably  not. 


OPERATION  OF  AMERICAN  LAWS.  207 

5.  In  case  the  commission  should  promulgate  a  wage 
rate  which  was  unsatisfactory  to  some  employer  or  em- 
ployers, could  the  employer  so  objecting  be  compelled  to 
comply?  Answer  —  Yes.  I  think  that  the  mere  fact  that 
the  rate  was  not  satisfactory  to  some  employer  would  not 
excuse  him  from  complying. 

Would  a  rate  fixed  by  the  commission  in  the  manner  pro- 
vided by  the  Minnesota  Minimum  Wage  Statute  be  enforc- 
ible  ?  Answer  —  Yes. 

May  we  not  expect  that  the  court  would  hold  it  unenforc- 
ible  ?  Answer  —  ISTo.  The  right  to  rule  upon  this  is  left 
for  the  courts. 

[In  regard  to  the  first  two  questions  asked :  "  Must  not- 
the  commission  fix  a  minimum  wage  in  the  '  occupation ' 
for  the  entire  state  at  one  time  ?  In  other  words,  can  the 
commission  investigate  the  minimum  wage  in  any  '  occupa- 
tion '  and  act  upon  it  within  a  district  less  in  extent  than 
the  entire  state  "•  -  these  questions  were  taken  up  in  confer- 
ence by  the  attorney-general  and  the  six  assistants,  and  it  was 
the  unanimous  opinion  of  the  department  that  the  acts  of  the 
commission  must  be  state  wide  and  it  must  be  all  done  at 
one  time.] 

ADDITIONAL   QUESTIONS. 

1.  The  first  point  is  —  can  a  minimum  wage  per  week 
be  divided  into  half  time,  time  by  the  day,  or  time  by  the 
hour  ?     Answer  —  I  think  "  yes." 

2.  Can  an  employer  offset  against  a  minimum  wage  the 
value   of   instruction    given    to    an    apprentice    or   learner? 
Answer  —  ~No. 

3.  When  a  business  is  so  conducted  that  the  branches  of 
an  ordinary  trade  are  exercised  within  the  business  plant, 
does   the  minimum  wage  in   that  business   control   all   em- 
ployees, or  does  the  minimum  wage  apply  in  the  occupations 
which  are  grouped  together  in  such  business?    Answer  —  To 
the  group. 


208         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

Utah. 

The  Utah  law,  the  only  flat-rate  measure  enacted,  provides  for 
the  payment  of  a  minimum  of  seventy-five  cents  a  day  for  females 
under  eighteen,  ninety  cents  for  adult  learners  and  apprentices, 
and  one  dollar  and  twenty-five  cents  a  day  for  female  adults.  The 
law  became  effective  May  13,  1913,  and  the  following  statement, 
under  date  of  January  20,  1914,  from  the  Commissioner  of  Im- 
migration, Labor  and  Statistics,  who  enforces  the  act,  is  of  par- 
ticular interest: 

"  Our  office  has  investigated  some  two  hundred  or  more 
cases  of  alleged  violations  of  the  minimum  wage  law  since 
May  13,  1913,  which  have  had  any  merit  and  a  number  that 
had  not.  We  knew  that  it  was  the  prime  object  of  the  law 
makers  to  secure  for  the  girls  and  women  affected  an  increase 
of  wages  and  in  enforcing  the  law  we  have  always  endeavored 
to  look  after  the  interests  of  the  employees  first.  For  this 
reason,  where  we  find  violations,  we  first  give  the  employers 
an  opportunity  to  make  good  to  their  employees  any  shortage 
of  wages  between  what  they  had  been  paying  and  what  they 
were  legally  required  to  pay.  In  some  cases,  we  have  secured 
to  a  single  employee  as  high  as  $57  in  back  wages.  The 
employers  preferred  to  pay  this  money  rather  than  stand 
trial  with  the  liability  of  paying  a  heavy  fine  and  costs  of 
prosecution,  besides  the  ignominy  of  being  cheap  men.  In 
the  above  manner,  we  have  collected  over  $6,000  in  back  pay 
to  employees  and  up  to  the  present  time  we  have  had  to 
bring  four  prosecutions,  three  of  which  we  have  won  and  one 
is  still  pending." 

Writing  late  in  1913,  the  same  commissioner  said: 

"  The  minimum  wage  law  for  females  went  into  effect  in 
Utah  on  May  13th  of  the  present  year.  About  a  month  prior 
to  the  law's  becoming  effective,  copies  were  sent  to  every 
known  employer  of  female  labor  within  the  state  with  a 
notification  that  on  and  after  the  date  of  its  effectiveness, 
the  law  would  be  strictly  enforced. 


iox  OF  AMERICAN  LAWS,  209 

"Approximately,  there  are  11,500  female  workers  em- 
ployed in  professional  and  business  offices,  stores,  factories, 
mills  and  laundries  in  our  state,  not  including  canning  estab- 
lishments, where  the  periods  of  operation  are  from,  one  to 
four  months  only.  About  7,000  of  these  workers  are  em- 
ployed in  Salt  Lake  City.  About  6  per  cent,  of  the  female 
employees,  prior  to  the  operation  of  this  law,  were  under 
eighteen  years  of  age.  Approximately  10  per  cent,  of  'the 
total  number  of  women  workers  came  under  that  classifica- 
tion of  our  law  classed  as  adult  learners  and  apprentices 
with  less  than  one  year's  experience  in  the  line  of  work 
which  they  are  at  present  engaged  in. 

"  The  principal  businesses  affected  by  the  law  are  the  mer- 
cantile, candy,  knitting,  paper  box  and  overall  factories,  the 
woolen  mills,  laundries,  millineries,  hotels  and  telephone 
companies. 

"  Of  the  employees  under  eighteen  years  of  age,  consti- 
tuting about  6  per  cent,  of  the  11,500,  a  majority  were 
employed  as  cash  girls  and  wrappers  in  the  department 
stores  and  received  about  $4  per  week,  a  few  less.  The 
minimum  wage  raised  the  wages  of  this  class  to  $4.50  per 
week.  A  number  of  the  department  stores  supplanted  cash 
girls  with  cash  boys  whom  they  pay  $4  a  week  or  $18  per 
month.  Many  millinery  stores  that  were  paying  girl  appren- 
tices from  $2.50  to  $5  per  week  also  weeded  out  those  who 
were  the  least  proficient.  In  the  knitting,  candy,  paper  box 
and  overall  factories,  and  woolen  mills  where  the  piece  sys- 
tem is  in  vogue,  a  few  girls  were  discharged  who  could  not 
reach  the  minimum  wage  in  their  respective  classes  named 
in  our  law.  This  number,  however,  was  not  over  3  per  cent, 
of  the  whole  number  employed  therein. 

"  In  the  inexperienced  adult  class,  those  women  over 
eighteen  years  of  age  with  less  than  one  year's  experience 
as  sales  ladies  or  as  apprentices  in  millinery  stores  and  fac- 
tories, were  affected  to  a  considerable  extent.  The  law 
requires  that  this  class  shall  be  paid  not  less  than  ninety 
cents  per  day.  Many  within  this  classification  were  drawing 


210          APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

about  the  same  wage  as  was  paid  inexperienced  girls  who 
were  under  eighteen  years  of  age.  In  some  cases,  the  older 
girls  in  the  ninety  cents  per  day  class  were  no  better  sales 
ladies  than  their  younger  sisters.  Of  this  class,  constituting 
10  per  cent,  of  the  female  employees  in  our  state,  as  stated 
above,  the  wages  of  about  3  per  cent,  were  raised  to  meet 
the  minimum  wage. 

"  While  the  law  did  not  become  effective  until  May  13th, 
many  of  the  employers  who  pay  monthly  or  semi-monthly, 
voluntarily  caused  the  law  to  become  effective  on  May  1st. 
In  a  number  of  businesses,  the  employees  who  were  not  con- 
sidered as  possessing  the  necessary  efficiency  were  notified 
that  it  was  up  to  them  to  '  make  good '  in  order  to  retain 
their  employment  and  the  probationary  period  was  fixed  at 
from  two  to  four  weeks. 

"As  a  whole,  it  seems  to  be  the  concensus  of  opinion  of 
employers  that  the  law  has  increased  efficiency  to  an  appre- 
ciable extent.  Perhaps  not  more  than  5  per  cent,  of  the 
whole  number  of  female  employees  were  discharged  because 
of  this  law  going  into  effect  and  many  of  those  who  lost  their 
employment  found  employment  in  other  like  establishments 
or  in  other  lines. 

"About  the  time  the  law  became  effective,  our  department 
was  called  upon  by  a  number  of  business  concerns  to  deter- 
mine what  generally  would  be  considered  a  year's  experience 
as  expressed  in  our  law.  They  were  informed  that  any  girl 
or  woman  who  had  worked  in  any  kind  of  store  as  a  sales 
girl  or  sales  woman  for  the  period  of  one  year  or  more,  or 
who  had  worked  as  an  apprentice  in  a  millinery  establish- 
ment or  as  a  laundry  girl,  telephone  girl  or  in  a  factory  or 
mill  for  a  like  period,  would  be  considered  as  '  experienced  ' 
in  their  respective  avocations. 

"  Some  of  the  department  stores  claim  that  they  experi- 
enced considerable  difficulty  with  employees  coming  to  them 
from  small  country  stores  and  the  five  and  ten  cent  city 
stores.  This  class  of  employees  are  eighteen  years  old  and 
over  and  have  had  a  year's  or  more  experience.  Employers 


OPERATION  OF  AMERICAN  LAWS.  211 

are  required  to  pay  this  class  of  girls  or  women  not  less  than 
the  minimum  wage  of  $1.25  per  day  and  have  found  that 
others  of  their  older  employees  who  are  working  as  minors 
and  { inexperienced '  are  more  efficient.  This  fact  is  soon 
manifested  in  a  way  that  touches  their  pocket  books,  for  the 
reason  that  the  smaller  paid  help  are  soon  at  the  elbows  of 
their  employers  asking  for  an  increase  of  wages  with  the 
plea  that  they  are  better  or  fully  as  efficient  as  the  higher 
paid  employees  with  a  country  or  small  store  experience. 

"  The  law  has  had  a  tendency  to  drive  out  the  little  errand 
girl  in  some  establishments  who  was  drawing  from  $2.50  to 
$3.50  per  week  and  whose  tenure  of  employment  was  oft- 
times  a  semi-charitable  one. 

"  Compared  with  many  other  western  states  of  equal  and 
some  of  greater  population,  the  wage  scales  of  this  state  for 
both  male  and  female  labor  are  quite  high  and  our  newly 
inaugurated  minimum  wage  law  was  instrumental  in  increas- 
ing the  wages  of  but  a  small  per  cent,  (possibly  ten)  of  our 
working  girls  and  young  women.  In  our  laundries,  girls 
were  generally  paid  from  $6  to  $7  per  week  and  now  they 
are  paid  $7.50  per  week.  In  the  department  stores,  the 
wage  was  from  $4  to  $25  and  in  the  millinery  establishments 
from  $2.50  to  $25  per  week.  Apprentices  in  the  millinery 
establishments  must  now  be  paid  $4.50  per  week  or  else  be 
permitted  to  work  under  instruction  for  absolutely  no  wage, 
in  which  condition  the  relationship  of  employer  and  em- 
ployee is  not  established. 

"  Thirty  dollars  a  month  or  one  dollar  per  day  was  the 
general  wage  of  chamber  maids  in  many  European  hotels 
and  rooming  houses.  Now  it  must  be  $1.25  per  day  for  six 
days  a  week  where  neither  board  nor  lodging  is  furnished. 

"As  a  whole,  I  think  the  law  a  fairly  good  one  and  have 
yet  to  learn  where  it  is  causing  any  considerable  amount  of 
oppression  or  injustice  to  anyone.  Some  small  establish- 
ments, like  country  printing  offices,  that  employed  female 
apprentices  at  a  wage  of  from  $3  to  $4  per  week  for  the  first 
year,  claim  that  they  cannot  afford  to  pay  $7.50  per  week 
for  such  help  during  the  second  year. 


212         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

"  In  no  establishment  of  the  state,  coming  under  our 
notice,  that  employs  any  considerable  number  of  females, 
has  the  pay  roll  been  increased  over  5  per  cent.  I  believe 
that  the  average  is  between  two  and  three  per  cent. 

"  The  law  has  the  tendency  to  equalize  the  wages  of  the, 
inexperienced  and  the  near  experienced.  I  believe  that  it 
increases  efficiency  and  what  is  of  equal  and  greater  import- 
ance will  having  a  growing  tendency  to  secure  to  competent 
women  a  living  wage.'7 

Washington. 

In  the  fall  of  1913  the  Washington  commission  began  a  series 
of  informal  conferences  with  employers  and  employees  and  issued 
a  series  of  "  questionaires  "  to  secure  information  concerning  the 
cost  of  living  and  the  rate  of  wages  paid  in  the  state. 

Considerable  difference  of  opinion  has  existed  in  Washington 
over  the  application  of  the  law  with  reference  to  apprentices. 
The  law  provides  that : 

"  For  any  occupation  in  which  a  minimum  rate  has  been 
established,  the  commission  through  its  secretary  may  issue 
to  an  apprentice  in  such  class  of  employment  or 

occupation  as  usually  requires  to  be  learned  by  apprentices, 
a  special  license  authorizing  the  employment  of  such  licenses 
for  a  wage  less  than  the  legal  minimum  wage." 

On  this  point  the  former  secretary  of  the  commission  said : 

"  "  Two  points  of  difference  have  arisen  over  the  interpre- 
tation of  this  clause:  (1)  Whether  the  issuance  of  appren- 
ticeship permits  be  obligatory  or  optional  with  the  commis- 
sion;  (2)  whether  or  not  a  period  of  apprenticeship  does  in 
fact  exist  in  mercantile  establishments  and  laundries.  *  * 

"  Out  of  2,688  employees  reporting  their  length  of  service 
to  the  commission,  51.6  per  cent,  had  been  employed  at  the 
place  where  they  were  then  working  for  less  than  one  year. 
For  laundries  the  percentage  rose  to  54.8  and  for  mercantile 
establishments  to  53.9. 


OPERATION  OF  AMERICAN    LAWS.  213 

"  Many  of  these  employees,  however,  were  receiving  high 
wages  and  presumably  had  worked  elsewhere.  Let  us  there- 
fore take  only  those  employees  receiving  less  than  $9  per 
week  —  those  for  whose  benefit,  quite  evidently,  the  law  was 
enacted.  Of  the  1,519  employees  receiving  less  than  $9  per 
week  who  made  report,  one-third  (32.3  per  cent.)  had 
worked  for  less  than  three  months,  one-half  (51.2  per  cent.) 
for  less  than  six  months,  and  more  than  two- thirds  (68.7 
per  cent.)  for  less  than  one  year.  These  percentages  are 
lower  than  would  be  the  case  for  mercantile  establishments 
and  laundries  alone.  It  must  also  be  considered  that  only 
women  who  were  at  work  at  the  time  of  investigation  are 
included.  Could  the  many  others  who  had  worked  for  a  few 
weeks  or  months  and  dropped  out  within  the  preceding  year 
be  included,  the  percentages  would  be  materially  raised. 

"  Employers  themselves  admit  this  rapid  flux  in  their 
labor  force.  On  page  81  of  the  minutes  of  hearings  by  the 
Industrial  Welfare  Commission  will  be  found  the  statement 
of  a  laundryman  that  i  60  to  90  days  eliminates  a  crew 
completely.' ' 

Early  in  April  the  conference  on  mercantile  establishments, 
created  in  March,  recommended  to  the  commission  a  minimum 
wage  of  $10  a  week  for  all  females  over  18  years  of  age.  A  public 
hearing  was  held  on  April  13  and  this  wage  rate  was  adopted  by 
the  commission.  The  much  discussed  question  of  rules  for  ap 
prentices  was  left  to  the  discretion  of  the  commission  itself. 

Wisconsin. 

In  Wisconsin  a  thorough-going  investigation  was  made  into  the 
cost  of  living  for  women  and  minors.  Proprietors  of  lodging 
and  boarding  houses  were  visited  in  order  to  discover  prices  and 
the  quality  of  the  board  and  lodging  furnished;  estimates  were 
also  secured  on  the  cost  of  clothing,  laundry  service,  doctors'  bills, 
amusements  and  other  items  of  expense;  and  individual  schedules 
for  more  than  12,000  working  girls  were  secured.  Informal  con- 
ferences were  also  held  with  the  manufacturers.  At  these  confer- 
ences the  need  of  uniformity  in  legislation  not  only  between 
states  but  also  between  nations  was  urged. 


214         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

Selection  of  Representatives  of  Employers  and  Employees.  — 
It  is  the  theory  of  both  the  English  and  American  acts  that,  in 
order  to  secure  fair  consideration  for  both  points  of  view,  and  the 
greatest  degree  of  democracy  in  the  operation  of  these  measures, 
representatives  of  employers  and  employees  should  be  elected  by 
their  respective  groups.  In  the  case  of  employers  this  was  not 
found  impossible  in  England  after  the  act  had  become  well  under- 
stood. In  the  case  of  the  employees,  however,  experience  is  quite 
different.  The  act  was  intended  to  apply  to  that  group  which  is 
least  capable  of  taking  care  of  itself.  This  in  itself  implies  the 
unorganized.  To  hastily  bring  together  an  unacquainted  and 
untried  group  and  to  trust  to  them  the  selection  of  representatives 
for  wage  boards  was  to  endanger  the  effectiveness  of  the  admin- 
istrative machinery.  Qualities  necessary  for  successful  bargain- 
ing are  absence  of  fear  either  of  employers'  blacklisting  or  of 
employees'  taunts  in  case  of  compromise.  Experience  in  debate 
and  a  knowledge  of  the  industry  under  consideration  and  of  legal 
rights  are  also  important  qualifications. 

Reporting  upon  British  experience,  to  the  International  Asso- 
ciation for  Labor  Legislation  in  September,  1912,  Constance 
Smith  said : 

"  The  chain-making  board  is  the  only  board  which  has, 
so  far,  been  constituted  by  direct  election  of  representatives 
by  employers  and  workers  in  meeting  assembled.  In  the 
other  three  cases  the  procedure  was  by  Board  of  Trade 
nomination  from  lists  sent  up  by  the  two  parties." 

In  the  United  States,  in  bringing  together  representatives  of 
employees,  conditions  in  the  different  states  have  called  for 
varying  methods  of  selection.  One  state  reports : 

"  We  have  had  great  difficulty  in  selecting  employees  to 
represent  the  working  girls.  The  only  board  appointed  so 
far  —  the  mercantile  advisory  board  —  has  four  dry  goods 
clerks  serving  on  it.  The  other  six  representatives  of  the 
employees  are  club  women.  I  felt  compelled  to  appoint  these 
women  because  the  employees  are  in  no  position  to  safe- 
guard their  own  rights  and  we  do  not  want  to  run  any  chance 


OPERATION  OF  AMERICAN  LAWS.  215 

of  a  girl  losing  her  position.  I  have  decided  that  it  is  prac- 
tically impossible  to  put  working  girls  on  the  board,  unless 
they  have  gotten  out  of  the  industrial  world.  We  selected 
both  the  representatives  of  the  employers  and  the  employees 
because  we  found  that  neither  class  wished  to  select  their 
own  representatives." 

Another  state  with  longer  experience  in  selecting  representa- 
tives reports: 

"  Our  method  was  purely  by  acquaintance.  In  some 
instances  we  had  a  difficult  time  to  secure  girls  who  were 
intelligent,  independent  of  speech,  sufficiently  experienced 
and  securely  enough  placed  in  their  positions  not  to  fear 
dismissal.  Our  law  does  not  require  the  representatives  of 
the  employee  to  be  at  present  employed  so  that  in  two 
instances  I  secured  young  women  who  had  recently  been 
married.  In  the  conference  on  mercantile  store  work  we 
were  fortunate  enough  to  have  one  employer  who  approves 
entirely  of  the  commission  and  whose  employee  representing 
the  employees  could  speak  fearlessly.  Even  with  all  this 
care  we  found  the  girls  somewhat  timid  when  in  conference. 
As  you  probably  know  our  law  provides  for  a  fine  in  case  of 
dismissal  of  an  employee  for  testifying.  While  we  realize 
that  this  might  be  a  check  on  the  employer,  we  know  also 
that  he  could  advance  many  excuses  for  having  dismissed  a 
girl  other  than  that  she  had  testified  against  him.  Then,  too, 
we  did  not  feel  that  if  a  woman  had  had  experience,  for 
example,  in  factory  work,  but  was  at  the  time  engaged  in 
laundry  work,  that  she  was  not  eligible  to  the  factory  confer- 
ence for  this  reason;  one  of  our  factory  representatives  had 
had  nearly  two  years'  experience  in  a  factory  but  was  at 
present  engaged  in  a  laundry.  Perhaps  our  freedom  in 
selecting  representatives  of  the  employees  helped  us  out 
somewhat.  *  *  *  At  best  it  is  difficult  to  get  satisfactory 
representatives."  (See  also  Massachusetts,  p.  200.) 


216         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

5.     RECENT  DEVELOPMENTS. 

A  constitutional  amendment  specifically  permitting  the  enact- 
ment of  laws  regulating  hours  and  wages  was  adopted  by  the 
people  of  Ohio  at  the  constitutional  convention  in  1912.  A 
similar  form  of  amendment  was  passed  by  the  legislature  of 
California  in  1913  to  be  voted  upon  by  the  people  in  1914. 

The  Ohio  amendment  provides  that: 

"  Laws  may  be  passed  fixing  and  regulating  the  hours  of 
labor,  establishing  a  minimum  wage  and  providing  for  the 
health,  safety  and  general  welfare  of  all  employees,  and  no 
provision  of  the  constitution  shall  impair  or  limit  this 
power." 

Under  the  authority  of  this  provision  the  Ohio  Minimum  Wage 
League  framed  the  following  proposed  law : 

"  To  provide  for  a  Minimum  of  Compensation  for  Labor, 
Work  or  Services." 

Be  it  enacted  ~by  the  People  of  the  State  of  Ohio:  Sec- 
tion 1.  The  Governor  of  the  State  of  Ohio  shall,  on  the  first 
day  of  January,  the  first  day  of  April,  the  first  day  of  July, 
and  the  first  day  of  October,  in  each  year,  compile,  or  cause 
to  be  compiled,  an  estimate  of  the  cost  of  living  per  day,  per 
family  of  two  adults  and  four  minor  children,  in  the  cities 
of  the  State  of  Ohio,  fewest  in  number,  containing  a  major- 
ity of  the  people  of  the  State.  Said  cost  of  living  shall 
include  rent  of  a  six-room  sanitary  house  with  small  garden ; 
plain  food,  consisting  of  meats,  vegetables,  cereals,  and 
pastries ;  clothing ;  insurance  against  sickness  of  the  family ; 
a  sum  sufficient  to  provide  for  the  old  age  of  the  parents, 
and  a  sum  sufficient  to  provide  against  the  ordinary  hazard 
of  non-employment  of  the  father. 

Section  2.  Within  thirty  days  thereafter  the  Governor 
shall  publish  said  estimate  once  each  week  for  three  succes- 
sive weeks  in  three  newspapers  of  general  circulation  in 
Franklin  county,  and  upon  the  final  publication  of  same  said 
estimate  of  the  cost  of  living  shall  constitute  and  be  the 


RECENT  DEVELOPMENTS.  217 

minimum  wage  or  rate  per  day  of  eight  Lours  at  which  con- 
tracts or  agreements  may  be  made  for  the  performance  of  or 
payment  for  the  labor,  work  or  services  of  any  person  of  the 
age  of  eighteen  years  during  the  time  that  said  estimate  is 
in  effect. 

Section  3.  The  minimum  wage  or  rate  at  which  contracts 
or  agreements  may  be  made  for  the  performance  of  or  pay- 
ment for  the  labor,  work  or  services  of  persons  under  the 
age  of  eighteen  years  shall  be  three-fourths  of  said  estimate 
of  the  cost  of  living. 

Section  4.  In  any  action  brought  upon  any  contract 
for  labor,  work  or  services,  the  amount  recoverable  shall 
not  be  less  than  the  minimum  wage,  any  contract,  agree- 
ment, stipulation,  settlement,  or  compromise  to  the  contrary 
notwithstanding. 

The  proposed  California  amendment  provides  that: 

'  The  legislature  may,  by  appropriate  legislation,  provide 
for  the  establishment  of  a  minimum  wage  for  women  and 
minors  and  may  provide  for  the  comfort,  health,  safety  and 
general  welfare  of  any  and  all  employees.  ]STo  provision  of 
this  constitution  shall  be  construed  as  a  limitation  upon  the 
authority  of  the  legislature  to  confer  upon  any  commission 
now  or  hereafter  created,  such  power  and  authority  as  the 
legislature  may  deem  requisite  to  carry  out  the  provisions 
of  this  section." 

The    Socialist    party    of    California    drafted    the    following 
measure  which  provides  for  a  flat-rate  minimum  for  all  workers: 

Minimum,  Wage  Act 

To  be  Circulated  With  Initiative  Petitions  by  the  Socialist 
Party  of  California  in  1914. 

The  following  preamble  accompanies  the  bill  on  the 
petitions : 

Whereas:  Repeated  investigation  into  the  cause  of  crime 
among  men  and  prostitution  among  women  has  demonstrated 


218         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

that  one  of  the  principal  causes  for  both  is  the  employment 
of  working  people  at  less  than  a  decent  living  wage,  and 

Whereas:  The  mass  emigration  of  large  numbers  of 
working  people  from  Europe  through  the  Panama  Canal, 
who  are  accustomed  to  a  lower  standard  of  living,  will 
greatly  endanger  our  present  standard  of  living, 

Therefore,  It  becomes  necessary  to  set  by  law  an  amount 
below  which  the  competition  of  these  immigrants  shall  not 
lower  our  standard  of  living  in  the  interest  of  public  safety. 

An  Act  to  amend  the  Penal  Code  by  adding  a  new  section 
thereto  to  be  numbered  313%,  providing  a  minimum  wage 
and  conditions  of  employment  for  employees  and  providing 
a  penalty  for  violation  of  this  act. 

The  People  of  California  do  enact  as  follows: 

~No  employer  shall  employ,  or  require  or  permit  any  super- 
intendent, foreman,  or  other  agent  to  employ,  any  person  for 
less  than  subsistence. 

For  the  purposes  of  this  act  the  following  is  determined  a 
subsistence  wage:  For  all  persons  between  the  ages  of 
eighteen  and  sixty  years,  not  less  than  two  dollars  and  fifty 
cents  per  diem. 

For  all  minor  children  under  eighteen  years  of  age,  not 
less  than  one  dollar  and  fifty  cents  per  diem. 

The  employer  may  pay  part  of  the  wages  in  board  and 
lodging,  but  must  contract  for  both  or  none  thereof,  and  no 
more  than  seventy  cents  per  diem  shall  be  deducted  therefor. 

Any  person,  copartnership,  or  corporation  violating  any 
of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars,  nor 
more  than  five  hundred  dollars,  or  imprisonment  in  the 
county  jail  for  not  less  than  one,  nor  more  than  six  months, 
or  both  such  fine  and  imprisonment. 


FOREIGN  LEGISLATION  —  NEW  ZEALAND.  219 


II.     FOREIGN    LEGISLATION    AND    RECOMMENDA- 
TIONS. 

NEW  ZEALAND. 

In  Australasia,  the  original  home  of  minimum  wage  legisla- 
tion, there  exist  two  different  types  of  laws.  One  type,  initiated 
in  New  Zealand  in  1894  and  later  followed  by  New  South  Wales, 
Western  Australia  and  by  the  Australian  Commonwealth  where 
disturbances  extend  beyond  state  lines,  is  aimed  primarily  at  the 
settlement  of  trade  disputes  —  strikes,  lockouts,  or  any  question 
involving  hours  of  labor,  rates  of  wages  or  conditions  of  work. 
The  other  type,  initiated  in  Victoria,  in  1896,  and  later  followed 
by  South  Australia,  Queensland  and  Tasmania,  is  aimed  at  the 
evils  of  the  sweating  system  —  underpaid  labor,  exhausting 
hours  of  toil  and  unhealthful  conditions  of  work.(l) 

In  attempting  to  utilize  Australasian  experience  for  our 
American  situation  it  must  be  remembered  that  New  Zealand  is 
a  country  about  the  combined  size  of  .New  York,  Pennsylvania 
and  Massachusetts,  with  a  population  of  a  little  .over  a  million ; 
Victoria  is  less  than  the  combined  area  ^o^J^sPew  York  and  Penn- 
sylvania, with  a  population  of  abdiFone  million  and  one-third. 
New  Zealand's  three  or  four  large  cities  range  from  fifty  to  one 
hundred  thousand,  while  Victoria  has  only  one  industrial  city 
with  a  half-million  population. 

The  beginning  of  minimum  wage  legislation  occurred  in  New 
Zealand  in  the  year  1894,  when  Parliament  passed  the  Industrial 
Conciliation  and  Arbitration  Act  which  became  effective  one  year 
later.  Since  this  class  of  legislation  bears  but  little  resemblance 
to  the  minimum  wage  measures  under  consideration  in  America, 
being  aimed  primarily  at  the  settlement  of  trade  disputes,  only  a 
brief  statement  of  the  main  features  is  necessary.  This  law 

( 1 )  In  most  of  the  Australasian  states  a  flat-rate  minimum  wage  is  estab- 
lished by  law.  This  rate  is  usually  very  low  and  is  intended  to  protect  prin- 
cipally children,  learners  and  apprentices. 


220         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

operates  through  a  permanent  industrial  commissioner  who  is 
provided  for  each  industrial  district  and  to  whom  requests  may 
be  sent  for  intervention  in  any  dispute;  two  or  three  representa- 
tives of  the  employers  and  of  the  employees  are  appointed  from 
lists  sent  in  by  each  group;  and  these  representatives,  together 
with  the  commissioner,  who  presides  and  directs  but  has 
no  vote,  form  a  Council  of  Conciliation.  If  this  council 
fails  to  bring  the  two  contending  parties  to  an  agreement 
the  case  goes  to  the  Arbitration  Court  where  the  decision  is  final. 
This  court  is  composed  of  one  Supreme  court  judge  holding  office 
for  life  and  two  members  nominated  by  employees  and  employ- 
ers ( 1 ) .  The  general  principle  of  this  measure,  up  to  the  point  of 
the  establishment  of  the  Arbitration  Court,  has  been  followed  in 
the  Canadian  Industrial  Disputes  Act  of  1907 ;  but  in  Canada,  the 
board  of  investigation  and  conciliation,  when  no  agreement  is 
reached,  may  only  publish  its  findings. 

VICTORIA. 

Based  upon  a  point  of  view  quite  unlike  that  underlying  the 
New  Zealand  legislation,  the  Victorian  Wage  Boards  Law,  enacted 
in  1896,  was  aimed  directly  at  the  evils  of  sweating,  particularly 
among  home  workers.  This  law  makes  no  attempt  to  interfere 
in  case  of  trade  disputes  and  is  in  general  principle  similar  to 
our  American  acts.  ISTo  permanent  body  is  provided  as  in 
America  but  wage  boards  for  any  trade  may  be  called  into  exist- 
ence at  any  time  by  a  resolution  adopted  by  both  houses  of  parlia- 
ment. Employers  and  employees  must  then  send  in  their  nomina- 
tions "to  the  Minister  of  Labor  who  makes  a  selection  of  from 
four  to  ten  members  for  the  special  board,  which  elects  its  own 
chairman  and  secretary.  If  agreements  are  reached  the  findings 
are  laid  before  the  Minister  of  Labor  who,  if  he  approves  them, 
causes  them  to  be  gazetted  and  they  become  law  not  sooner  than 
thirty  days  thereafter.  If  employers  and  employees  cannot  come 
to  an  agreement,  the  chairman  may  cast  a  deciding  vote.  If  the 
Minister  of  Labor  considers  the  determinations  unfair  or  unwise 

(1)  For  a  statement  as  to  the  rulings  of  the  judges,  see  Judicial  Interpre- 
tations of  the  Minimum  Wage  in  Australia,  by  Prof.  M.  B.  Hammond,  the 
American  Economic  Review,  June,  1913. 


FOREIGN  LEGISLATION -- VICTORIA.  221 

he  may  suspend  the  order  for  six  months  and  then  send  it  back 
to  the  board  for  reconsideration.  If  no  change  is  authorized,  the 
suspension  is  revoked.  In  case  the  Minister  of  Labor,  or  a 
majority  of  either  party  concerned,  is  not  satisfied  with  the  deter- 
minations, or  if  25  per  cent,  of  the  employees  of  the  trade,  or  an 
employer  or  group  of  employers  of  25  per  cent,  of  the  employees 
concerned,  are  dissatisfied,  they  may  apply  for  a  Court  of  Indus- 
trial Appeals,  which  is  composed  of  one  of  the  judges  of  the 
Supreme  Court,  who  has  the  final  decision  in  the  case.  From 
September,  1910,  to  December,  1912,  only  ten  cases  had  been 
appealed  to  this  court. 

In  all  instances  the  special  boards  may  summon  witnesses, 
examine  records,  books  or  pay-rolls,  and  may  conduct  special 
investigations.  In  an  earlier  form  of  the  law  the  basis  of  deter- 
mining wage  rates  was  specified  as  the  standard  of  the  "  reputable 
employer "  in  the  trade  under  consideration.  This  was  later 
stricken  out,  and  the  basis  now  often  used  is  "  the  normal  needs 
of  the  average  employee  regarded  as  a  human  being  living  in  a 
civilized  community."  The  determinations  of  the  boards  are 
enforced  by  the  Minister  of  Labor  and  the  Factory  Inspection 
Department.  Of  the  first  thirty-eight  boards  established  eleven 
were  appointed  upon  applications  of  the  employers.  In  Decem- 
ber, 1913,  there  were  134  wage  boards  in  existence- 
Sir  Alexander  Peacock,  author  of  the  Victorian  system,  recently 
wrote :  "  *  it  was  alleged,  first,  that  all  work  would 

be  driven  out  of  the  country,  secondly,  that  only  the  best  workers 
would  be  employed,  and  thirdly,  that  it  would  be  impossible  to 
enforce  such  provisions  at  all.  It  is  now  somewhat  amusing, 
although  it  was  serious  enough  for  the  government  of  the  day,  to 
read  the  debates  on  the  Factories  and  Workshops  Act,  1896. 
However,  the  government  managed  to  carry  the  bill  and  the  wage 
board  system  was  inaugurated."  (1) 

Dr.  Victor  S.  Clark,  formerly  of  the  United  States  Bureau  of 
Labor,  who  has  made  exhaustive  and  extended  investigations  of 
Australasian  labor  conditions,  wrote  in  1909  (in  the  Annals  of 

(1)  Quoted  in  the  Annals  of  the  American  Academy  of  Political  and  Social 
Science,  Vol.  48,  p.  28,  1913. 


222          APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

the  American  Academy  of  Political  and  Social  Science,  Vol.  33, 
p.  221)  "  *  *  *  the  courts  and  boards  offer  what  is  probably 
the  best  machinery  yet  devised  to  protect  women  and  children 
workers  from  industrial  oppression.  The  board  determinations, 
varying  with  each  industry  and  accommodating  themselves  to  its 
peculiar  local  conditions,  are  much  more  effective  than  the  hard 
and  fast  provisions  of  a  general  statute.  They  become,  for  the 
purposes  of  enforcement,  a  part  of  the  factory  law  of  the  state, 
applying  to  the  industry  in  question  by  consent  of  its  own  repre- 
sentatives. *  *  *  the  general  effect  of  the  law  has  been  to 
increase  and  equalize  the  pay  of  those  classes  of  labor  least  able 
to  obtain  fair  conditions  of  employment  through  their  unassisted 
efforts,  and  this  function  of  the  law  appears  to  be  assuming 
increasing  importance  in  the  public  mind." 

The  most  recent  and  thoroughgoing  study  of  the  results  attained 
under  the  Victorian  minimum  wage  legislation  was  made  by 
Prof.  M.  B.  Hammond,  of  the  Ohio  State  University.  Prof. 
Hammond  spent  the  winter  of  1911-1912  in  Australia  and  New 
Zealand,  and  reports  as  follows : 

"  In  conclusion  I  wish  to  sum  up  as  briefly  as  possible  the 
results  which  it  seems  to  me  have  been  attained  in  Victoria 
and,  so  far  as  their  experience  extends,  in  the  other  Aus- 
tralian states,  under  the  wages  boards'  system.  Perhaps  I 
may  be  allowed  to  say  that  I  have  reached  these  conclusions 
after  a  thorough  study  of  the  reports  and  records  of  the 
departments  concerned  in  the  administration  of  the  acts; 
after  attendance  on  many  board  meetings;  and  after  inter- 
viewing many  people,  government  officials,  chairmen  of 
wages  boards,  employers,  trade  union  officials,  social  re- 
formers and  politicians  who  have  had  much  to  do  with  wage 
board  legislation  and  administration. 

"  1.  We  may  say  without  hesitation,  I  think,  that  sweat- 
ing no  longer  exists,  unless  perhaps  in  isolated  instances,  in 
Melbourne  or  in  other  industrial  centers  of  Victoria.  This 
is  the  opinion  expressed  to  me  not  only  by  the  officials  in 
the  factory  inspector's  office,  including  the  women  inspectors, 
but  also  by  Mr.  Samuel  Mauger,  the  secretary  of  the  Anti- 


FOREIGN  LEGISLATION -- VICTORIA.  223 

Sweating  League,  who  is  constantly  on  the  alert  to  detect 
any  evidence  of  sweating  and  to  ask  for  the  appointment  of 
a  board  in  any  trade  in  which  it  is  thought  to  exist.  In  the 
board  meetings  the  efforts  of  the  labor  representatives  are 
nowadays  seldom  directed  towards  securing  subsistence 
wages  but  they  aim  rather  to  secure  a  standard  rate  of  pay 
based  on  the  needs  of  the  average  worker,  and  as  much  above 
this  as  is  possible. 

"  2.  Industries  have  not  been  paralyzed  nor  driven  from 
the  state  as  was  freely  predicted  by  extreme  opponents  of  the 
wages  boards'  plan.  There  is  one  instance  of  a  plant  having 
left  Victoria  on  this  account.  A  brush  manufacturer  from 
England,  who  had  recently  come  to  Victoria  to  establish  his 
business  was  so  enraged  at  the  idea  that  the  wages  he  was 
to  pay  were  to  be  regulated  by  law  that  he  moved  across  Bass 
Strait  to  Tasmania.  That  is  the  only  instance  of  the  kind 
to  be  found  in  the  records.  On  the  other  hand  there  has  been 
a  steady  growth  of  manufactures.  In  1896,  when  the  fac- 
tories act,  containing  the  wages  board  provisions,  was  passed, 
there  were  in  Victoria  3,370  factories;  in  1910  there  were 
5,362.  In  1896,  the  number  of  workers  in  factories  was 
40,814;  in  1910  it  was  83,053.  This,  I  think,  indicates  as 
great  a  growth  in  manufacturing  industry  as  most  countries 
are  able  to  show. 

"  3.  In  spite  of  the  fact  that  the  law  in  Victoria  does 
not  forbid  strikes,  as  is  the  case  under  compulsory  arbitra- 
tion, it  would  be  hard  to  find  a  community  in  which  strikes 
are  so  infrequent  as  they  are  in  Victoria.  There  are,  I 
think,  not  more  than  half  a  dozen  cases  in  which  a  strike  has 
occurred  in  a  trade  where  the  wages  and  hours  were  fixed  by 
a  wages  board.  The  only  serious  strike  of  this  sort  was  in  a 
trade  where  the  court  of  industrial  appeals  had  lowered  the 
wages  fixed  by  the  wages  board  after  these  wages  had  been 
paid  for  some  weeks.  I  may  add  at  this  point  the  statement 
that  there  are  very  few  cases  of  appeals  from  e,  wages  board 
determination  in  Victoria,  though  there  seem  to  be  more  in 
South  Australia. 


224         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

"  4.  In  spite  of  the  fact  that  the  meetings  of  the  boards 
are  at  times  the  scenes  of  outbreaks  of  passion,  and  angry 
and  insulting  words  pass  back  and  forth  across  the  table, 
there  can  be  little  doubt  but  that  the  representatives  of  both 
parties  go  away  from  these  meetings  with  an  understanding 
of  the  problems  and  difficulties  which  the  other  side  has  to 
meet,  which  is  usually  lacking  in  trades  where  collective 
bargaining  is  not  resorted  to.  This  was  repeatedly  brought 
to  my  attention  both  in  and  out  of  board  meetings  by  men 
who  had  taken  part  in  these  discussions.  It  probably  goes 
far  towards  explaining  the  infrequency  of  strikes  and 
lock-outs. 

"  5.  That  the  minimum  wage  fixed  by  the  board  tends 
to  become  the  maximum  in  that  trade  is  often  asserted,  but 
it  would  not  be  easy  to  prove.  Employers  have  frequently 
said  to  me  that  they  believed  there  was  a  tendency  in  that 
direction,  but  they  have  seldom  been  able  to  furnish  evi- 
dence to  that  effect  from  their  own  establishments.  At 
times  I  have  found  on  inquiry  that  not  a  single  man  in  their 
own  plants  was  receiving  the  minimum  wage.  The  em- 
ployers' opinions  seemed  .to  be  more  the  result  of  a  priori 
reasoning  than  the  results  of  actual  experience.  Nor,  on 
reflection,  it  is  easy  to  see  why  the  minimum  should  become 
the  maximum.  The  determinations  do  not  compel  an  em- 
ployer to  hire  or  to  retain  in  employment  any  worker.  He 
is  free  to  dismiss  any  man  whom  he  believes  incapable  of 
earning  the  minimum  wage,  or  he  can  send  the  employee  to 
the  chief  factory  inspector  for  a  permit  to  work  at  less  than 
the  minimum  fixed  by  the  board.  There  seems  to  be  no 
reason  why  under  this  system  there  should  not  be  the  same 
competition  among  employers  as  under  the  old  system  to 
secure  the  most  efficient  and  highly  skilled  workmen  and 
there  is  no  reason  why  such  men  should  not  get  wages  based 
on  their  superior  efficiency.  Victorian  statistics  on  this 
point  are  lacking,  but  in  New  Zealand  where  minimum  wages 
are  fixed  by  the  arbitration  court,  statistics  as  to  wages, 
tabulated  in  1909  by  the  Labor  Department,  showed  that  in 


FOREIGN  LEGISLATION -- VICTORIA.  225 

the  four  leading  industrial  centers  of  the  Dominion  the  per- 
centage of  workers  in  trades  where  a  legal  minimum  wage 
was  fixed  who  received  more  than  the  minimum  varied  from 
51  per  cent,  in  Dunedin  to  61  per  cent,  in  Auckland.  There 
is  no  reason  to  think  that  a  dissimilar  situation  would  be 
revealed  by  a  statistical  investigation  in  Victoria. 

"  6.  Although  the  legal  minimum  wage  does  unquestion- 
ably force  out  of  employment  sooner  than  would  otherwise 
be  the  case  a  certain  number  of  old,  infirm  and  naturally 
slow  workers,  it  is  easy  to  exaggerate  the  working  of  the 
minimum  wage  in  this  respect.  The  opinions  of  employers 
differ  in  regard  to  this  point.  Workers  who  feel  that  they 
can  not  earn  the  minimum  wage  may  apply  to  the  chief 
factory  inspector  for  a  permit  to  work  at  a  less  rate  than  the 
minimum  and  the  officials  who  have  charge  of  this  matter 
feel  pretty  certain  that  in  this  way  practically  all  cases 
really  needing  relief  are  cared  for.  The  percentage  of  men 
with  permits  is,  however,  not  high,  and  possibly  there  are 
some  who  are  forced  out  of  work  who  do  not  apply  for  a 
permit. 

"  7.  There  is  also  much  difference  of  opinion  as  to 
whether  or  not  the  increased  wages  have  been  to  any  con- 
siderable extent  counterbalanced  by  an  increase  of  prices 
d^e  to  the  increased  wages.  The  probability  is  that  in  some 
occupations  higher  wages  have  in  this  way  been  passed  on 
to  the  consumers,  the  laboring  classes  included.  This  would 
be  especially  true  of  industries  purely  local  where  there  was 
little  opportunity  to  use  machinery. 

"  In  Melbourne,  following  close  upon  a  wage  board  deter- 
mination which  raised  the  wages  of  waiters  and  cooks  in 
hotels  and  restaurants,  the  cheap  restaurants  which  had  been 
furnishing  meals  at  6d.  (12  cents)  by  a  concerted  movement 
doubled  their  prices.  While  the  increase  of  wages  in  this 
case  was  doubtless  in  part  responsible  for  this  increase  of 
prices,  in  the  main  the  wage  increase  was  the  occasion  rather 
than  the  cause  of  the  increase  in  prices,  which  was  bound  to 
come  sooner  or  later  because  of  the  increase  in  cost  of  food 
supplies.  8 


APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

"  The  New  Zealand  commission  on  the  cost  of  living, 
which  has  recently  published  its  report,  carefully  considered 
this  question  as  to  the  effect  of  labor  legislation  on  the  cost 
of  living  and  concluded  that  in  the  case  of  staple  products 
whose  prices  were  fixed  in  the  world's  markets,  the  local 
legislation  could  have  had  no  effect  on  prices.  In  other 
trades,  the  increased  labor  costs  had  served  to  stimulate  the 
introduction  of  machinery  and  labor  saving  devices;  in  still 
other  trades  it  had  apparently  not  increased  efficiency  and 
accordingly  labor  costs  had  increased.  This  seems  to  have 
been  the  case  in  coal  mining.  Generally  speaking,  the  evi- 
dence in  most  trades  was  not  sufficiently  .definite  to  show 
whether  or  not  there  has  been  an  increase  or  a  decrease  in 
efficiency  due  to  labor  legislation.  This  is  about  what  we 
must  conclude  as  a  result  of  the  conflicting  testimony  on 
this  point  in  Australia  as  well  as  in  New  Zealand.  I  found 
that  most  employers  with  whom  I  talked  were  certain  that 
laborers  were  less  efficient  than  in  former  years.  Generally 
they  could  not  explain  very  satisfactorily  how  this  was  due 
to  legislation,  and  their-  arguments  usually  reduced  them- 
selves to  the  assertion  that  the  trade  unions  were  preaching 
and  their  members  were  practicing  the  doctrine  of  i  go 
easy '  and  were  in  this  way  restricting  the  output.  Trade 
union  officials,  on  the  other  hand,  were  just  as  emphatic  in 
their  declaration  that  such  a  matter  had  never  been  dis- 
cussed in  their  meetings.  I  do  not  believe  that  in  this 
respect  conditions  in  Australia  differ  from  what  they  are  in 
America  and  I  find  that  the  same  assertions  are  made  here 
by  employers  as  to  the  effect  of  trade  unions  and  that  these 
statements  are  as  vigorously  denied  by  the  union  officials. 
Only  to  the  extent,  therefore,  that  compulsory  arbitration 
and  wage  boards  tend  to  develop  and  strengthen  unionism, 
which  they  undoubtedly  do,  can  we  find  that  the  legal  mini- 
mum wage  exerts  any  appreciable  effect  on  the  decline  of 
efficiency  and  the  restriction  of  output.  This  must  remain 
therefore  a  mooted  point. 


FOTIKKJX    LEGISLATION  —  VICTORIA. 


"  8.  Finally,  whatever  may  be  the  difference  of  opinion 
between  employers  and  employees  as  to  the  effect  of  the  legal 
minimum  wage  in  Victoria  in  producing  certain  results  and 
whatever  criticisms  they  may  make  of  the  administration  of 
the  factories  act,  both  sides  are  now  practically  unanimous 
in  saying  that  they  have  no  desire  to  return  to  the  old  sys- 
tem of  unrestricted  competition  in  the  purchase  of  labor.  I 
did  not  find  an  employer  who  expressed  a  desire  to  see  the 
wages  boards  abolished.  Generally  speaking,  employers  are 
just  now  holding  tightly  to  this  plan,  partly  no  doubt  as  a 
means  of  saving  themselves  from  an  extension  of  the  opera- 
tions of  the  commonwealth  arbitration  act.  In  the  main, 
however,  they  have  been  convinced  that  the  minimum  wage 
has  not  been  detrimental  to  their  businesses,  and  that  it  has 
forced  their  rivals  to  adopt  the  same  scale  of  wages  as  they 
are  themselves  obliged  to  pay.  I  have  mentioned  the  fact 
that  the  Victorian  Chamber  of  Manufactures  led  the  attack 
on  the  wage  board  system  when  the  government  was  provid- 
ing for  its  extension  in  1900.  Last  April  (1912)  the  presi- 
dent and  secretary  of  that  organization,  and  the  president 
and  secretary  of  the  Victorian  Employers'  Association,  told 
me  that  in  spite  of  the  defective  administration  of  the  wages 
boards  act,  their  members  had  no  longer  any  desire  to  have 
the  system  abolished.  The  trade  union  secretaries  also  com- 
plain of  the  administration  of  the  act;  particularly  that  the 
chief  factory  inspector  does  not  take  a  more  drastic  attitude 
in  regard  to  the  prosecution  of  the  violators  of  the  act  whom 
they  have  reported.  This  fact  that  both  sides  complain  of 
the  administration  of  the  act  is  a  pretty  fair  indication  that 
the  administrative  officials  are  doing  their  work  in  a  con- 
scientious manner  without  prejudice  or  favor.  The  trade 
unionists  generally  admit  that  labor  has  been  greatly  bene- 
fited by  the  wages  boards'  legislation  and  they  do  not  desire 
a  repeal  of  these  laws,  but  many  of  them  in  Victoria  are 
inclined  to  think  that  compulsory  arbitration  would  give 
them  even  more.  The  wages  boards  deal  only  with  wages, 
hours,  payment  for  overtime  and  the  number  and  proportion 
of  apprentices.  The  arbitration  courts,  on  the  other  hand, 


228         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

may  and  sometimes  do  give  preference  to  unionists  and  are 
often  called  upon  to  decide  many  minor  matters  which  can 
not  be  considered  by  wages  boards.  Furthermore,  wages 
boards  established  by  any  one  state  are  bound  to  consider 
interstate  competition  when  they  fix  wages.  The  common- 
wealth arbitration  court,  on  the  other  hand,  can  regulate 
wages  throughout  Australia  in  the  industrial  field  within 
which  it  operates.  Hostility  to  the  minimum  wage  in 
Australia  may  therefore  be  said  to  have  practically  died  out 
and  the  question  most  discussed  to-day  is  whether  this  mini- 
mum wage  shall  be  secured  by  means  of  wages  boards  or 
through  the  machinery  of  a  federal  arbitration  court." 

The  following  list  of  questions  concerning  the  operation  of  the 
minimum  wage  law  in  Victoria  was  sent  by  the  New  York  Fac- 
tory Investigating  Commission  to  the  office  of  the  Chief  Factory 
Inspector  at  Melbourne : 

"  First.     Does  the  minimum  wage  become  the  maximum  ? 

Second.  How  far  are  the  unfit  displaced  by  such 
legislation  ? 

Third.  Do  such  laws  tend  to  drive  industry  from  the 
state  ? 

Fourth.     Do  they  result  in  decreasing  efficiency  ?  " 
In  response  the  following  statement  was  received: 

First  Question. 

"  It  is  frequently  asserted  in  this  State  that  the  minimum 
becomes  the  maximum,  but  our  official  figures  show  that 
this  is  not  the  case.  I  am  sending  by  separate  packet  a  book 
containing  all  the  existing  factory  laws  of  Victoria,  and  a 
copy  of  my  latest  annual  report.  If  you  will  kindly  refer 
to  Appendix  B  you  will  see  what  the  average  wage  in  the 
trade  is.  A  further  reference  to  Appendix  D  will  give  you 
the  wages  in  any  particular  trade.  I  regret  that  I  have  not 
figures  which  will  precisely  answer  your  question,  but  a 
careful  comparison  will  show  that  the  average  wage  in  a 


LEGISLATION        VICTORIA.  229 


trade  is  invariably  higher  than  the  minimum  wage.     I  do 
not  know  that  there  is  any  exception  to  this  in  Victoria. 

Second  Question. 

"  Legislation  which  fixes  a  standard  wage  undoubtedly 
has  the  effect  of  displacing  the  unfit.  Our  experience,  how- 
ever, shows  that  this  dislocation  is  not  serious,  and  that  as  a 
rule  things  regulate  themselves  fairly  satisfactorily.  It  is 
true,  however,  that  in  Victoria  for  some  years  there  has 
been  a  shortage  of  labor,  and  this  fact  probably  has  a  good 
deal  of  bearing  on  this  point.  I  do  not  think  there  is  any 
evidence  that  philanthropic  agencies  have  ever  been  called 
upon  to  increase  their  work  through  minimum  wage  legisla- 
tion. There  is,  however,  a  section  in  our  law  which  enables 
a  license  to  be  issued  to  a  defective  worker  to  permit  a  lower 
wage  than  the  minimum  to  be  paid  to  him  (see  section  202 
on  page  98  of  the  Handbook  sent).  This  power  is  only 
sparingly  used,  as  it  is  regarded  very  jealously  by  the  trades 
unions,  and  this  department  requires  very  strong  evidence 
before  it  will  issue  a  license  to  work  for  less  than  the 
minimum. 

Third  Question. 

"  There  is  no  evidence  to  show  that  our  labor  legislation 
has  driven  any  industry  from  the  state,  nor  from  Victoria 
to  any  other  part  of  the  commonwealth.  As  a  matter  of  fact, 
labor  laws  are  in  operation  all  over  the  commonwealth,  so 
that,  if  our  legislation  had  any  such  effect,  the  industry 
would  have  been  driven  to  other  countries.  There  has  been 
an  increasing  amount  of  imports  in  the  last  few  years,  but 
I  think  I  can  safely  say  that  the  evidence  tends  to  the  belief 
that  that  is  caused  more  by  our  general  prosperity  than  any 
other  factor.  Side  by  side  with  the  increasing  proportional 
imports  has  been  a  great  increase  in  production  and  in  the 
number  of  factories  established.  j*tt* 

"  My  own  opinion  is  that  the  fixing  of  a  standard  wage 
increases  efficiency  generally,  from  the  fact  that  the  employer 
demands  in  return  a  standard  degree  of  efficiency.  It  is 


230          APPENDIX  III  --  MINIMUM  WAGE  LEGISLATION. 

true  that  some  of  the  unions  have  endeavored  to  restrict  the 
output,  and  have  in  some  cases  gone  so  far  as  to  strike  for 
the  purpose  of  enforcing  their  demands.  They  have  invari- 
ably failed.  At  the  same  time  there  is  some  evidence  that 
in  certain  of  the  trades  —  and  in  that  connection  the  agri- 
cultural implement  making  trade  might  he  mentioned  — 
they  have  succeeded  to  some  extent  in  lessening  the  output. 
For  that  reason  there  is  a  large  section  of  employers  in  this 
state  who  believe  that  the  only  fair  way  of  regulating  wages 
is  by  piecework.  Our  wages  boards  have  power  either  to  fix 
piecework  rates  or  to  give  the  employer  that  privilege  with 
the  provision  that  the  piecework  rates  fixed  by  him  shall  be 
such  as  will  enable  an  average  worker  to  earn  at  least  the 
minimum  wage.  One  strike  is  on  record  against  the  fixing 
of  piecework  rates  by  the  employer.  The  moulders  at  the 
Sunshine  Harvester  Works  objected  to  piecework  rates  in 
any  form,  although  in  fact  the  men  were  earning  consider- 
ably over  the  minimum,  and  in  some  cases  twice  as  much. 
Yet  the  union  took  their  men  out  for  the  simple  reason  that 
they  objected  to  piecework  being  paid  under  any  circum- 
stances, and  the  men  have  been  out  now  some  five  or  six 
weeks.  It  is  only  a  sectional  strike,  and  probably  not  more 
than  twenty  or  thirty  men  are  affected.  To  answer  your 
question  generally,  I  think  it  can  be  truthfully  said  that  the 
efficiency  of  the  workers  all  round  is  distinctly  higher  under 
the  minimum  wage  than  it  was  before. 

"  I  may  say,  in  conclusion,  that  the  minimum  wage  law 
in  Victoria  is  working  very  smoothly.  There  are  fewer 
strikes  in  this  state  under  the  wages  boards  provision  than 
in  the  neighboring  state  of  New  South  Wales,  where  they 
have  an  arbitration  court.  For  the  last  three  months,  out  of 
the  forty-nine  strikes  that  occurred  in  the  six  states  of 
Australia,  thirty-eight  were  in  New  South  Wales.  Our 
wages  board  law  takes  no  cognizance  of  a  strike  once  it 
occurs,  but  leaves  the  parties  to  fight  it  out  amongst  them- 
selves. In  New  South  Wales  they  have  elaborate  provisions 
for  settling  strikes  that  occur,  with  the  above  result.  We 


FOREIGN  LEGISLATION  —  GKHMA.NY.  231 

believe  that  the  best  way  of  settling  strikes  is  to  provide  — 
as  we  do  in  Victoria  —  every  means  of  arriving  at  fair  con- 
ditions between  master  and  man,  and  of  revising  those  con- 
ditions as  occasion  demands,  and  then  washing  our  hands  of 
the  whole  matter." 

GERMANY. 

The  German  government,  in  1911,  passed  a  Home  Work  Act, 
which,  although  it  falls  short  of  the  establishment  of  trade  boards 
to  fix  a  minimum  rate  of  wages,  sets  up  trade  committees  of  a 
very  similar  type,  whose  lack  of  power  to  regulate  wages  directly 
miiUit  easily  be  remedied  by  a  supplementary  act.  At  present 
trade  committees  may  be  appointed  by  the  Federal  Council  for 
particular  trades  or  districts  where  home  workers  are  employed. 
The  committees  consist  of  an  equal  number  of  home  workers,  as 
defined,  and  their  employers,  together  with  a  president  and  two 
assessors,  who  must  have  the  requisite  technical  knowledge.  The 
president  must  be  neither  an  employer  nor  a  home  worker. 
Women  must  be  duly  represented  if  they  are  largely  employed 
in  the  trade.  It  is  left  to  the  authorities  of  the  various  states  to 
fix  the  number  of  representatives  and  to  appoint  not  only  the 
president  and  assessors  but  also,  after  consultation  with  the  em- 
ployers and  home  workers,  half  their  representatives.  The 
remainder  of  the  representative  members  are  elected  by  the  em- 
ployers and  home  workers  respectively. 

The  duties  of  the  trade  committees  touch  the  borderland  of 
wages  regulation.  Their  functions,  as  defined  in  the  act,  include 
the  collection  of  information  and,  vaguely,  the  promotion  of 
institutions  or  measures  for  improving  the  conditions  of  home 
workers,  such  as  collective  agreements.  If  the  authorities  are 
energetic  in  setting  the  committees  to  work,  the  information  they 
collect  will  in  time  be  valuable  if  their  functions  are  later 
extended,  as  has  been  predicted.  For  they  must  "  on  the  request 
of  the  municipal  and  communal  authorities  ascertain,  in  a  suit- 
able manner,  especially  by  procuring  evidence  from  employers 
and  home  workers  concerned,  the  amounts  actually  earned  by 
home  workers,  express  opinions  as  to  whether  such  amounts  are 


232          APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

reasonable,    and   make   proposals  for   procuring   agreements   for 
reasonable  remuneration." 

Firms  giving  out  work  must  keep  registers  of  home  workers, 
post  up  fixed  rates  of  pay  in  the  rooms  where  work  is  given  out 
or  returned,  and  supply  to  the  workers  on  each  occasion  particu- 
lars of  the  amount  of  such  work  and  rates  of  pay,  and  they  must, 
in  addition,  conform  to  any  instructions  issued  by  the  local 
authorities  to  improve,  where  necessary,  their  arrangements  for 
giving  out  work  or  receiving  it  back,  in  order  to  prevent  undue 
waste  of  time  on  the  part  of  the  outworker. 

GREAT  BRITAIN. 

The  Trade  Boards  Act.  —  In  England  considerable  legislation 
had  already  been  enacted  to  provide  for  conciliation  in  the  case 
of  trade  disputes,  before  the  evil  of  sweating,  which  was  becoming 
more  and  more  obnoxious,  led  to  the  passage  of  the  Trade  Boards 
Act.  It  was  to  the  Victorian  legislative  model  that  the  English 
reform  movement  turned  for  relief.  In  1906  the  National  Anti- 
Sweating  League  was  formed,  which,  together  with  the  labor 
party  and  other  leading  organizations,  began  to  urge  some  system 
of  establishing  a  minimum  wage  which  would  reach  the  less 
intelligent  and  unorganized  workers.  It  was  in  1909  that  they 
succeeded  in  inducing  parliament  to  pass  the  Trade  Boards  Act 
which  became  effective  one  year  later.  Under  this  act,  wage  or 
trade  boards  may  be  established  for  all  employees  in  any  industry 
by  order  of  the  Board  of  Trade,  subject  to  ratifications  by  parlia- 
ment. The  first  four  trades  for  which  trade  boards  were  estab- 
lished were:  ready-made  tailoring,  cardboard  box  making,  the 
making  of  hammered,  dollied,  or  tommied  chain,  and  certain  pro- 
cesses in  lace  finishing. 

For  each  such  trade,  or  any  branch  of  the  same,  the  Board  of 
Trade  was  empowered  to  appoint  a  committee  called  a  "  trade 
board,"  consisting  of  an  equal  number  of  representatives  of  em- 
ployers and  workers  (known  as  "  representative  members "), 
together  with  a  certain  number  of  persons  including  women 
(known  as  "appointed  members").  The  number  of  appointed 
members  must  be  less  than  half  the  total  number  of  representa- 
tive members.  The  Board  of  Trade  decides  which  member  shall 


FOREIGN   LEGISLATION  —  GREAT  BRITAIN. 

act  as  chairman.  Trade  boards  may  fix  general  minimum  time 
rates  or  minimum  piece  rates  and  on  the  application  of  any  em- 
ployer they  must  fix  a  special  minimum  piece  rate  for  any  particu- 
lar class  of  work  on  which  he  is  engaged.  The  rates  fixed  may  differ 
for  different  classes  of  workers,  for  different  districts  and  for 
different  processes.  To  advise  the  Trade  Board,  district  commit- 
tees may  be  appointed  in  fixing  rates  for  their  respective  localities. 

When  a  trade  board  proposes  to  fix  a  certain  rate,  three  months 
notice  must  be  given,  within  which  period  objections  to  the  rate 
proposed  may  be  raised.  On  the  conclusion  of  this  period  the 
rate  comes  into  operation  to  a-  limited  extent.  It  is  compulsory 
in  the  absence  of  a  written  contract,  signed  by  the  worker,  pro- 
viding for  a  lower  rate,  and  it  must  be  adopted  by  all  firms 
engaged  on  public  contracts.  Six  months  later,  the  Board  of 
Trade  has  power  to  make  the  rate  obligatory  in  all  cases.  Special 
exemptions  can  be  procured  under  the  act  in  the  case  of  old  or 
infirm  workers. 

The  act  provides  for  the  appointment  of  inspectors  for  enforc- 
ing the  payment  of  the  minimum  rates  fixed  by  the  trade  boards. 
Such  inspectors  have  the  right  to  enter  work  places  at  any  reason- 
able time  and  to  inspect  books,  etc.  If  an  employer  pays  less 
than  the  minimum  rate,  he  is  liable  to  a  penalty  not  exceeding 
20  pounds  ($100)  and  for  each  day  on  which  the  offense  is  con- 
tinued after  conviction,  5  pounds  ($25).  An  employee  who  has 
not  received  the  legal  minimum  rate  may  recover  the  balance  due 
him. 

A  clearer  idea  of  the  method  of  work  under  this  act  may  be 
secured  from  the  following  rules  which  the  Board  of  Trade  issued 
for  the  paper  box  trade: 


234         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

STATUTORY  RULES  AND  ORDERS,  1910. 

No.  429. 

TRADE  BOARDS. 


Regulations,  dated  April  27,  1910,  made  by  the  Board  of 
Trade,  establishing  a  Trade  Board,  under  s.  11  of  the 
Trade  Boards  Act,  1909  (9  Edw.  7,  c.  22),  for  the 
making  of  Boxes  or  parts  thereof  made  wholly  or 
partially  of  Paper,  Cardboard,  Chip  or  similar  material. 


The  Board  of  Trade,  in  pursuance  of  their  powers  under 
the  Trade  Boards  Act,  1909,  hereby  make  the  following 
Regulations  with  regard  to  the  making  of  Boxes,  or  parts 
thereof,  made  wholly  or  partially  of  paper,  cardboard,  chip, 
or  similar  material : 

1.  A  Trade  Board  shall  be  established  for  that  branch 
of  the  Box  Trade  in  Great  Britain  which  is  engaged  in  the 
making  of  boxes  or  parts  thereof  made  wholly  or  partially 
of  paper,  cardboard,  chip,  or  similar  material. 

2.  The  Board  shall  consist  of  not  less  than  35  and  not 
more  than  41   persons,  namely,   three  appointed  members, 
and  members  representing  employers  and  workers,  respect- 
ively,   in   equal   proportions.      The   Chairman   and  Deputy 
Chairman  shall  be  such  of  the  members  as  may  be  nominated 
by  the  Board  of  Trade. 

3.  Sixteen    members    representing    employers    shall    be 
elected  by  employers  in  the  above  trade  as  follows : 

1  representative  by  employers  trading  within  a  radius  of 
18  miles  of  the  Royal  Exchange,  Manchester. 

1  representative  by  employers  trading  outside  that  radius 
and  within  the  counties  of  Cumberland,  Westmore- 
land, Lancashire,  Cheshire,  and  in  North  Wales. 


FOREIGN   LEGISLATION  —  GREAT  BRITAIN.  235 

1  representative  by  employers  trading  in  Northumber- 
land, Durham,  and  Yorkshire. 

1  representative  by  employers  trading  in  North  Stafford- 
shire and  the  counties  of  Leicester,  Northampton, 
and  Huntington. 

1  representative  by  employers  trading  in  the  counties  of 

Nottingham,  Derby,  Lincoln,  and  Rutland. 

2  representatives  by  employers  trading  in  the  counties  of 

Hereford,    Worcester,    Warwick,     Oxford,     Stafford 
(South),  and  Shropshire. 

2  representatives  by  employers  trading  in  the  counties  of 

Somerset,  Devon,  Cornwall,  Dorset,  Wiltshire,  Glou- 
cester, Monmouth,  and  South  Wales. 

4  representatives  by  employers  trading  in  London  and  the 
counties  of  Middlesex,  Norfolk,  Suffolk,  Essex,  Kent, 
Hertford,  Bedford,  Buckingham,  Surrey,  Berkshire, 
Sussex,  Hampshire,  and  Cambridge. 

3  representatives  by  employers  trading  in  Scotland. 

The  election  of  representatives  of  employers  shall  be  held 
under  the  supervision  of  the  Board  of  Trade  and  in  such 
manner  as  they  may  determine.  A  casual  vacancy  among 
members  representing  employers  in  any  of  the  areas  above 
specified  shall  be  filled  by  election  by  employers  in  that  area. 

4.  Sixteen   members   representing  the  workers   shall  be 
chosen  by  the  Board  of  Trade  after  considering  names  sup- 
plied by  workers  in  the  above  trade,  due  regard  being  paid 
to   the   proper  representation  of  home  workers.     A  casual 
vacancy  among  members  representing  workers  shall  be  filled 
in  the  same  manner. 

5.  The  Board  of  Trade  may,  if  they  think  it  necessary 
in  order  to  secure  proper  representation  of  any  classes  of 
employers  or  workers,   after  giving  an  opportunity  to  the 
Trade  Board  to  be  heard,  nominate  additional  representa- 
tive members  on  the  Trade  Board,  and  such  representative 


236         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

members  may  be  nominated  either  for  the  whole  term  of 
office  of  the  Board  or  for  any  part  thereof.  The  number  of 
such  additional  representative  members  shall  not  at  any 
time  exceed  six,  three  on  each  side. 

6.  The  term  of  office  of  the  first  Trade  Board  shall  be 
three  years. 

7.  Any    representative    of    employers    who    becomes    a 
worker  at  the  trade  shall  vacate  his  seat.     Any  representa- 
tive of  workers  who  becomes  an  employer  in  the  trade  shall 
also  vacate  his  seat.     The  question  of  fact  shall  in  each  case 
be  determined  by  the  Chairman. 

8.  Any  representative  of  employers  or  workers  who  fails 
without  reasonable  cause  to  attend  one-half  of  the  total  num- 
ber of  meetings  in  one  year,  shall  vacate  his  seat,  but  shall 
be  eligible  to  be  elected  or  nominated   again,   as  the  case 
may  be. 

9.  Every  member  of  the   Trade  Board  shall  have  one 
vote.     If  at  any  meeting  of  the  Board  the  number  of  mem- 
bers  present   representing   employers    and   workers,    respec- 
tively, are  unequal,  it  shall  be  open  to  the  side  which  is  in  the 
majority  to  arrange  that  one  or  more  of  their  members  shall 
refrain  from  voting,  so  as  to  preserve  equality.    Failing  such 
an  arrangement,  the  Chairman,  or  in  his  absence  the  Deputy 
Chairman,  may,  if  he  thinks  it  desirable,  adjourn  the  voting 
on  any  question  to  another  meeting  of  the  Board. 

10.  Any  question   upon   the  construction   or   interpreta- 
tion of  these  regulations  shall  in  the  event  of  dispute  be  re- 
ferred to  the  Board  of  Trade  for  decision. 

Signed  by  order  of  the  Board  of  Trade  this  27th  day  of 
April,  1910. 

G.  R.  ASKWITH, 
Assistant  Secretary,  Board  of  Trade. 

While  procedure  under  the  British  act  is  similar  on  all  essen- 
tial points  to  procedure  under  our  compulsory  minimum  wage 
laws,  the  English  boards  have  dealt  with  much  more  complicated 


LEGISLATION  —  GREAT  BRITAIN.  237 

situations  than  we  in  America  have  yet  faced.  So  far,  the 
English  act  has  applied  mainly  to  those  industries  which  are 
characterized  by  excessive  sweating  and  where  the  employees  are 
almost  entirely  home-workers  —  the  most  difficult  class  from 
which  to  get  united  action.  The  English  boards  have  considered 
rates  for  each  kind  of  work  within  an  industry,  .and  for  each 
class  of  workers,  as  well  as  for  each  district  where  the  industry  is 
located.  Constance  Smith,  reporting  to  the  International  Asso- 
ciation for  Labor  Legislation  in  September,  1912,  spoke  of  some 
of  the  difficulties  encountered  as  follows: 

The  number  of  members  of  the  Chain-making  Board  had 
been  fixed  at  not  more  than  seventeen  persons  (including 
three  appointed  members)  ;  the  Lace  Board  is  slightly 
larger,  the  minimum  and  maximum  numbers  in  this  case 
being  nineteen  and  twenty-three.  This  board  has  also  to 
deal  almost  entirely  with  outworkers.  These  women,  who 
are  nearly  10,000  in  number,  do  not  take  out  work  directly 
from  the  factory,  but  have  it  distributed  to  them  by  some 
700  middle-women.  This  circumstance,  together  with  the 
fact  that  the  lace  trade  is  at  all  times  conscious  of  the  pres- 
sure of  foreign  competition,  makes  the  work  of  the  Lace 
Board  one  of  considerable  complication  and  delicacy.  The 
board  has  to  be  careful  not  to  fix  the  rates  at  a  point  which 
will  let  in  the  French,  Swiss  or  German  competitor;  it  has 
also  to  deal  with  distributing  agents  who  have  been  accus- 
tomed to  take  percentages  of  the  prices  paid  to  them  by  em- 
ployers at  varying  rates  and  whose  ideas  of  the  binding 
authority  of  the  Truck  Acts  is  in  some  cases  of  an  exceed- 
ingly lax  description.  The  price  lists  which  governed  the 
situation  in  Nottingham  before  the  coming  of  the  Trade 
Board  were  price  lists  given  to  the  middle-woman,  and  acted 
upon  by  her  at  her  discretion ;  there  was  no  rule  by  which  a 
definite  proportion  of  the  price  was  paid  to  the  actual 
worker.  As  a  rule  the  prices  paid  were  miserably  low,  and 
the  workers  sunk  in  poverty  and  misery.  Here,  far  more 
than  in  any  other  of  the  scheduled  industries,  was  there  dif- 
ficulty in  finding  women  of  sufficient  intelligence  and  inde- 


238          APPENDIX  III --MINIMUM  WAGE    LEGISLATION. 

pendence  to  serve  on  the  Trade  Board  as  workers'  repre- 
sentatives. But  for  the  plan  wisely  adopted  by  the  Board 
of  Trade,  of  not  insisting  that  these  representatives  should 
be  in  every  case  engaged  in  the  trade  itself,  it  would  have 
been  impossible  to  secure  adequate  representation  of  the 
workers',  side. 

The  tailoring  trade,  one  of  the  most  complex  in  all  industry, 
did  not  baffle  the  English  board.     Of  this  trade,  Miss  Smith  says : 

The  Tailoring  Board  (twenty-nine  to  thirty-seven  mem- 
bers) has  to  do  with  by  far  the  most  important  trade  and  the 
largest  number  of  workers.  It  is,  however,  not  so  widely 
distributed,  geographically,  as  the  box  trade,  being  for  the 
most  part  concentrated  in  certain  great  cities.  The  trade  is 
far  more  complicated  than  any  of  the  other  three,  many  and 
great  variations  being  found  in  that  simple  section  of  it 
which  is  at  present  being  handled  by  the  Board.  There  was 
a  time,  not  very  long  ago,  when  even  experienced  persons 
expressed  the  view  that,  owing  to  the  seasonability  of  the 
trade,  and  its  variations,  the  establishment  of  minimum 
rates  in  connection  with  it  would  prove  impossible.  But 
Sir  George  Askwith,  speaking  out  of  an  experience  unique 
as  regards  the  fixing  of  price  lists,  all  along  disputed  this 
pessimistic  view.  He  wrote  (Soziale  Praxis,  January, 
1911)  that  he  considered  objections  based  on  the  changes  of 
fashion  and  its  varying  forms  to  be  ill-founded.  Skill  and 
organization  are  what  is  needed  here.  In  the  higher 
branches  of  this  very  industry,  means  of  solving  the  problem 
have  already  been  found;  a  piece-work  list  has  been  estab- 
lished there  for  some  time.  If  the  workers  had  been  better 
organized  that  list  would  have  already  been  adopted  by  other 
branches.  I  have  helped  personally  to  establish 

rates  for  industries  in  which  variations,  much  greater  and 
much  more  complicated  than  any  that  exist  in  the  tailoring 
trade,  were  involved.  We  sometimes  took  weeks  to  achieve 
our  object ;  but  in  the  end  we  did  achieve  it. 


FOKKI<;.\    LEGISLATION  —  GREAT  BBITAIN. 

The  rates  of  wages  paid  in  the  four  trades  for  which  boards 
\\vre  first  authorized  seem,  particularly  in  comparison  with  wage 
rates  in  America,  pitifully  low  (not  a  few  women  in  the  chain- 
making  trade  received  two  cents  an  hour).  Yet  increases  of 
from  50  per  cent,  to  150  per  cent,  have  had  their  influence: 
'  The  women  seem  different  beings  from  the  inert  and  sunken 
people  who  attended  meetings  in  pre-board  times." 

Considerable  difficulty  was  experienced  in  England  in  secur- 
ing proper  representatives  of  employees.  In  contrast  with  the 
method  of  our  wage  commissions  which  themselves  undertake  the 
selection  of  representatives,  the  Board  of  Trade  appoints,  from 
lists  sent  to  it,  members  representing  the  employers  and  em- 
ployees. The  selection  of  these  members  is  left  entirely  in  the 
hands  of  each  group.  While  the  employers  found  but  little  diffi- 
culty in  quickly  becoming  organized,  in  the  case  of  the  employees, 
being  the  least  experienced  class  of  workers,  entirely  unorgan- 
ized and  full  of  suspicion,  the  selection  of  proper  representatives 
has  fallen  largely  upon  the  friends  of  the  workers.  On  this  point 
Miss  Smith  said  in  1912: 

"  The  Chain-making  Board  is  the  only  board  which  has, 
so  far,  been  constituted  by  direct  election  of  representatives 
by  employers  and  workers  in  meeting  assembled.  In  the 
other  three  cases  the  procedure  was  by  Board  of  Trade 
nomination  from  lists  sent  up  by  the  two  parties." 

In  the  case  of  the  chain  workers,  it  was  the  writer's  privilege 
to  be  present  at  Cradley  Heath  at  the  organization  of  the  first 
trade  board,  and  the  election  of  members  was  preceded  by  a  long, 
expensive  and  persistent  campaign  of  education.  The  cost  of 
these  educational  campaigns  has  been  so  great  that  at  a  recent 
meeting,  presided  over  by  the  Duchess  of  Marlborough,  a  special 
fund  of  nearly  $4,000  was  raised  to  defray  expenses  incidental 
to  preparing  workers  for  representation  on  the  four  newly  author- 
ized trade  boards. 

On  the  question  as  to  whether  or  not  the  minimum  rate  be- 
comes the  maximum  the  Amalgamated  Journal  of  the  Iron,  Steel 
and  Tin  Workers  said  last  year,  "  Many  classes  of  wage  earners 


240         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

who  would  be  benefited  and  protected  by  minimum  wage  legis- 
lation have  been  living  too  close  to  starvation  to  make  possible 
any  reasonable  amount  of  concerted  action  on  their  part,  or  such 
preparation,  financial  or  otherwise,  as  would  ordinarily  be  con- 
sidered essential  for  success.  To  all  such  classes  of  wage  earners 
minimum  wage  legislation  should  be  valuable  as  establishing  an 
existence  basis  from  which  they  are  in  a  better  position  to 
achieve  further  improved  wages  and  conditions  through  organized 
effort.  A  woman  wage  earner  receiving  a  minimum  wage  of 
eight  dollars  per  week  is  on  a  better  basis  from  which  to  secure 
ten  dollars  per  week  than  the  same  woman  getting  four  dollars 
is  in  a  position  to  get  five  dollars."  This  expression  of  opinion 
has  been  entirely  sustained  by  a  recent  occurrence  in  England. 
It  had  been  generally  accepted  that  rates  first  established  by  a 
trade  board  was  a  full  discharge  of  the  duty  of  the  board  although 
the  act  itself  clearly  provided  for  variations.  But  on  December 
2nd  of  1913  the  Chain-making  Board  confirmed  proposals  to 
increase  by  10  per  cent,  the  minimum  rates  it  established  in  1910. 
"  The  precedent,"  declares  the  National  Anti-Sweating  League, 
"  will  encourage  representatives  of  workers  on  other  boards  to 
address  themselves  at  once  and  vigorously  to  the  progressive  im- 
provement, of  the  minimum  rates  fixed  for  their  trade." 

Last  year  Parliament  authorized  the  establishment  of  trade 
boards  in  four  additional  industries :  sugar  confectionery  and  food 
preserving;  shirt  making;  hollow-ware  making;  and  linen  and 
cotton  embroidery. 

Sugar  confectionery  and  f$od  preserving  includes  the  making 
of  sugar  confectionery,  cocoa,  chocolate,  jam,  marmalade,  pre- 
served fruits,  fruit  and  table  jellies,  meat  extracts,  meat  essences, 
sauces  and  pickles,  the  preparation  of  meat,  poultry,  game,  fish, 
vegetables  and  fruit  for  sale  in  a  preserved  state  in  tins,  pots, 
bottles,  and  similar  receptacles ;  the  processes  of  wrapping,  filling, 
packing,  and  labeling  in  respect  of  articles  so  made  or  prepared. 

ShirtmaJc-ing  includes  the  making  from  textile  fabrics  of  shirts, 
pajamas,  and  other  washable  clothing  worn  by  male  persons, 
excluding  articles  the  making  of  which  is  included  in  para- 
graph I  of  the  schedule  in  the  Trade  Boards  Act,  1909,  and 


FOREIGN  LEGISLATION  —  GREAT  BRITAIN.  241 

excluding  articles  which  are  knitted  or  are  made  from  knitted 
fabrics. 

Hollow-ware  making  includes  the  making  of  hollow-ware 
(including  boxes  and  canisters)  from  sheet  iron,  sheet  steel  or 
tin  plate,  including  the  processes  of  galvanizing,  tinning,  enamel- 
ing, painting,  japanning,  lacquering  and  varnishing. 

Linen  and  cotton  embroidery  includes  those  branches  of  the 
trade  of  making  up  articles  of  linen  or  cotton  or  mixed  linen  and 
cotton  which  are  engaged  in  the  processes  of  hand  embroidery, 
drawn  thread  work,  thread  drawing,  thread  clipping,  top  sewing, 
scalloping,  nickeling  and  paring. 

The  National  Anti-Sweating  League  reports,  July  29,  1913, 
that: 

"  In  the  trades  at  present  within  the  scope  of  the  Trade 
Boards  Act  there  are  approximately  250,000  operatives. 
The  numbers  likely  to  be  affected  by  the  boards  about  to  be 
established  are  roughly  as  follows : 

Sugar  confectionery  and  food  preserving 80,000 

Shirtmaking 50,000 

Hollow-ware 15,000 

Cotton  and  linen  embroidery 5,000 


150,000 

"  Certain  branches  of  the  laundry  trade  were  to  have  been 
included  also,  but  the  Provisional  Order  Bill  bringing  them 
in  was  withdrawn  by  the  Board  of  Trade  because  of  defects 
in  its  terminology.  Mr.  Buxton  has  intimated  that  the  bill 
will  be  reintroduced  next  year  and  should  it  apply  to  all 
laundrying,  as  is  considered  likely,  110,000  workers  will  be 
added  to  those  already  enumerated.  In  this  case  nearly 
500,000  workers,  mainly  women,  will  be  within  the  purview 
of  the  act  though  only  four  years  have  elapsed  since  its  pas- 
sage into  law." 


242          APPENDIX  III  --  MINIMUM  WAGE  LEGISLATION. 

Mr.  J.  J.  Mallon,  writing  in  The  New  Statesman,  February  21, 
1914  (Women's  Supplement,  p.  x),  says: 

"  What  the  boards  have  accomplished  may  be  shortly  sum- 
marized. For  men  chain-workers  at  Cradley  Heath  the 
minimum  rates  are  from  5d.  to  7%d.  an  hour,  and  for 
women  2%d.  per  hour,  these  sums  including  an  addition  of 
10  per  cent,  just  made  to  the  rates  originally  fixed.  Miser- 
able as  is  this  woman's  rate  of  2%d.  an  hour,  yet  as  compared 
with  what  went  on  before  it  is  handsome.  Hundreds  of 
women  were  at  one  time  earning  less  than  half  as  much,  and 
at  their  meetings  any  mention  of  a  possible  minimum  of  10s. 
for  a  week  of  full  employment  aroused  only  sceptical  mirth. 
At  the  present  legal  rate  the  worker  of  ordinary  capacity 
earns,  if  fully  employed,  rather  more  than  12s.  per  week. 

"As  a  fact,  of  course,  many  are  not  earning  so  much. 
Women  chain-makers  at  Cradley  Heath  are  chiefly  wives 
and  mothers,  and  of  these  a  portion  take  the  benefit  of  the 
higher  rates  in  the  shape  of  ampler  leisure,  or  in  time  de- 
voted to  their  domestic  concerns.  Formerly  such  women 
worked  for  a  week  to  earn  half  a  dozen  shillings.  Under 
the  new  conditions  as  much  may  be  earned  in  two  or  three 
days. 

"  It  should  be  remembered  that  the  husbands  of  many  of 
these  workers  are  themselves  beneficiaries.  In  the  smaller 
forges  men  and  women  work  side  by  side,  and  where  this 
occurs  the  uplift  to  the  joint  income  has  been  of  the  most 
substantial  kind.  l  More  food  and  better,'  said  one  local 
tradesman  when  asked  as  to  the  effect  of  minimum  rates 
upon  the  chain-maker's  purchase;  and  his  view  receives 
general  corroboration.  •  An  improvement  in  the  quality  of 
the  lower  grades  of  chain,  and  a  great  incentive  to  organiza- 
tion, alike  in  Cradley  Heath  and  in  the  surrounding  areas, 
are  further  results  of  the  coming  of  the  Trade  Board. 

"  What  about  the  effect  on  the  trade  ?  If  one  may  judge 
by  appearances,  the  trade  has  actually  thriven.  The  cry  of 
most  employers  is  that  they  cannot  get  workers  enough,  and 
some  anxiety  is  expressed  as  to  the  future  should  the  recruit- 


FOREIGN    LKCJISI.ATION — GREAT   BRITAIN.  243 

ment  of  young  chain-makers  not  be  augmented.     Certainly 
the  trade  has  not  fallen  off. 

"  In  a  word,  the  Trade  Board  at  Cradley  Heath  has  more 
than  justified  its  friends  and  confounded  its  enemies.  Its 
success  is  definite,  considerable,  and  complete.  It  has  made 
a  deep  and  abiding  mark  upon  the  history  of  the  Black 
Country.  No  other  industrial  event  of  the  present  genera- 
tion has  so  impressed  and  affected  the  workers  of  the 
district." 

The  following  list  of  questions  concerning  the  operation  of  the 
minimum  wage  law  in  England  was  sent  by  the  New  York  Fac- 
tory Investigating  Commission  to  the  office  of  the  Board  of  Trade 
at  London : 

"  First.     Does  the  minimum  wage  become  the  maximum  ? 

Second.  How  far  are  the  unfit  displaced  by  such 
legislation  ? 

Third.     Do  such  laws  tend  to  drive  industry  from  the 

state  ? 

• 
Fourth.     Do  they  result  in  decreasing  efficiency  ?  " 

In  response  the  following  statement  was  received : 

"  I  am  directed  by  the  Board  of  Trade  to  say  that,  as  the 
Trade  Boards  Act  has  only  been  in  operation  for  a  com- 
paratively short  period,  they  consider  that  it  is  as  yet  too 
early  to  express  a  definite  judgment  on  its  indirect  and 
ultimate  results. 

'  The  board  are  of  opinion,  however,  that  provisional  re- 
plies, based  on  the  experience  so  far  obtained  of  the  working 
of  the  act,  may  be  given  to  the  questions  contained  in  your 
letter,  as  follows:  (1)  The  boarcb-are  not  aware  of  any 
general  tendency  among  employers  to  reduce  rates  to  the 
minimum  allowed  by  law  in  cases  where  higher  rates  have 
been  paid  in  the  past.  On  the  contrary,  there  is  reason  to 
suppose  that  the  better  organization  of  the  workers,  which 
has  been  observed  to  have  taken  place  in  the  trades  to  which 


244         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

the  act  has  been  applied,  tends  to  pTevent  the  legal  minimum 
rate  from  becoming  in  fact  the  maximum.  (2)  So  far  as 
the  board  are  aware,  there  has  been  no  general  dismissal  of 
workers  as  a  result  of  the  fixing  of  minimum  rates ;  and  even 
where  workers  have  been  dismissed  on  this  account,  it  has 
frequently  been  found  that  this  has  been  due  to  misunder- 
standing of  the  act  and  not  to  its  actual  provisions.  (3)  The 
board  are  not  aware  of  any  tendency  on  the  part  of  manu- 
facturers to  transfer  their  business  to  foreign  countries,  or, 
in  cases  where  lower  minimum  rates  have  been  fixed  for 
Ireland  than  for  Great  Britain,  to  transfer  their  business 
from  Great  Britain  to  Ireland.  (4)  There  is  no  evidence 
in  the  possession  of  the  board  to  show  that  the  efficiency  of 
workers  has  been  reduced  as  a  result  of  the  fixing  of  mini- 
mum rates  of  wages.  On  the  contrary,  there  are  indications 
that  in  many  cases  the  efficiency  of  the  workers  has  been 
increased.  The  fixing  of  minimum  rates  has  also  resulted  in 
better  organization  among  the  employers  and  in  improve- 
ments in  the  equipment  and  organization  of  their  factories." 

British  Coal  Mines  (Minimum  Wage)  Act.  —  Until  1912,  the 
theory  of  the  legal  minimum  wage  in  England  had  been  that  of 
state  interference  on  behalf  of  the  more  helpless  workers.  But 
the  winter  of  1911-1912  saw  great  unrest  among  the  coal  miners 
of  Britain  —  perhaps  the  strongest  of  organized  workmen  in  that 
country.  Many  strikes  occurred  with  the  result  that  a  demand 
was  made  upon  Parliament  for  the  establishment  of  a  minimum 
wage  by  law.  A  compromise  was  effected  and  on  March  29,  1912, 
Parliament  passed  a  measure  providing  for  the  establishment  of 
joint  district  boards,  comprised  of  representatives  of  employers 
and  employees  with  an  independent  chairman  appointed  by  them. 
These  boards  have  power  to  fix  wage  rates,  rules  and  conditions 
of  work  for  the  twenty-two  districts  which  have  been  scheduled 
by  the  Board  of  Trade.  (1) 

(1)  For  copy  of  the  law,  see  p.  348. 


INTERNATIONAL  RECOMMENDATIONS.        245 

RECOMMENDATIONS  FOR  INTERNATIONAL  ACTION. 

International  action  in  regard  to  the  establishment  by  law  of 
a  minimum  wage  was  taken  by  the  International  Association  for 
Labor  Legislation  in  1904  at  its  third  biennial  convention  at 
Basle,  Switzerland.  This  International  Association,  organized 
in  1900  and  supported  in  part  by  subventions  from  fourteen  gov- 
ernments with  sections  in  fifteen  different  countries,  further 
recommended  at  its  seventh' biennial  meeting  in  September,  1912, 
the  following  general  principles: 

The  adoption  by  legislation  of  the  principle  that  wage 
agreements  for  insufficient  amounts  or  of  an  usurious  nature 
should  be  null  and  void,  and  that  the  conclusion  of  such 
agreements  should  be  subject  to  penalties.  The  meeting  re- 
gards this  principle  as  essential,  but  at  the  same  time,  it 
recognizes  that  the  difficulties  of  its  application  are  such  as 
to  prevent  its  adoption  from  being  in  any  degree  a  practical 
solution  of  the  problem. 

The  delegates'  meeting  believes  that  any  legislation  in 
favor  of  home  workers  will  be  ineffective  so  long  as  it  is  not 
founded  on  minimum  rates  fixed  by  wages  boards  constituted 
according  to  the  following  principles: 

1.  The  board  shall  be  composed  of  an  equal  number  of 
employers  and  employees,  chosen  generally  by  the  parties  or, 
if  this  is  impossible,  by  bodies  acting  on  their  behalf. 

The  president  shall  not  be  an  employer  or  an  employee 
and  shall  be  elected  by  the  board.  The  government  shall 
appoint  him  in  case  of  disagreement.  He  "shall  have  the 
casting  vote. 

2.  The  minimum  'w'age   shall  be^so"   fixed  that  a  home 
worker  of  ordinary  capacity  may  earn  as  time  wage  a  sum 
approximately  equal   to  fair  wages   paid   in   factories   and 
workshops  where  similar  trades  are  carried  on  in  the  town 
or   district.      The  wage   must  b©  at  least  high   enough   to 
ensure  to  the  worker  under  normal  living  conditions  suffi- 
cient food  and  healthy  housing. 


246          APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

3.  The  board  shall  fix  officially  the  minimum  wage  and 
publish  it  at  once. 

4.  If  possible  the  board  shall  establish  a  scale  of  mini- 
mum wage  rates  for  all  the  different  operations  of  the  trade. 

5.  To  the  amount  of  wages  must  be  added  the  cost  of 
tools  and  materials  furnished  by  the  worker,  the  value  of 
time  wasted,  etc. 

6.  The  minimum  wage  must  be  paid  to  the  worker  net 
without  any  deduction  in  favor  of  employer  or  middleman. 

7.  If  collective  agreements  exist  in  a  trade,  the  mini- 
mum wage  board  must  endeavor  to  extend  the  benefits  of 
such  collective  agreements  to  all  home  workers  also. 

8.  For  operations  not  included  in  the  scale  named  under 
4  the  employer  must  prove  in  each  particular  case  coming 
before  the  board  that  the  conditions  allow  the  average  worker 
to  earn  at  least  the  minimum  time  wage. 

Disputes  shall  be  settled  by  the  wages  boards. 

9.  The  board  shall  establish  likewise  scales  of  payment, 
and  if  possible  minimum  wages,  for  the  apprentices  in  the 
trade,  even  where  the  apprentices  are  employed  in  workshops. 

10.  Every  violation  of  the  law  shall  constitute  a  penal 
offense  in  each  case  and  in  respect  of  each  worker  concerned. 

11.  Every  trade  organization  and  any  person  interested 
in  the  trade  and  every  society  qualified  for  the  purpose  may 
inform  the  board  that  wages  paid  are  below  the  minimum 
wage  fixed  for  the  trade.     All  such  persons  or  organizations 
may  take  legal  action. 

12.  The  minimum  wages  fixed  by  the  local  boards  may 
be   reviewed   by    a   central    commission   of    revision    acting 
officially  and  without  delay.     This  commission  may  modify 
and    co-ordinate    local    decisions.      The    governments    shall 
select  the  members  of  such  commission  in  equal  numbers 
from   the    employers    and    employees    composing   the   local 
boards. 


IN  TKTf  NATIONAL    RECOMMENDATIONS.  247 

The  delegates'  meeting  invites  the  members  of  Parliament 
belonging  to  the  International  Association  to  introduce,  or 
cause  to  be  introduced,  bills  corresponding  to  the  accepted 
resolution. 

The  national  sections  are  requested  to  engage  in  an  ener- 
getic campaign  in  order  to  convince  the  public  of  the  neces- 
sity of  fixing  minimum  wages  for  home  industries. 


248         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 


III.   REPRESENTATIVE   OPINIONS   UPON   THE 
OPERATION  OF  MINIMUM  WAGE  LAWS. 

POSITION   OF   THE   AMERICAN   FEDERATION   OF   LABOR   ON   THE 
LEGAL  MINIMUM  WAGE. 

From  the  official  report  of  the  Executive  Council  of  the  Amer- 
ican Federation  of  Labor  to  the  thirty-third  annual  convention, 
1913: 

Conclusions  and  Recommendations. 

"  From  the  report  we  have  given,  it  will  be  observed  that  the 
movement  for  a  minimum  wage  for  women  and  minors  has  gained 
considerable  headway  in  our  country,  and  that  sentiment  in  favor 
of  a  living  wage  is  rapidly  crystallizing.  That  this  growth  of 
sentiment  among  the  people  is  due  to  the  activities  of  the  organ- 
ized wage  earners  there  can  be  no  doubt.  The  organized  labor 
movement  has  insisted  from  the  beginning  upon  the  establish- 
ment of  a  living  wage  as  a  minimum,  and  it  has,  through  the 
force  of  organized  effort,  succeeded  in  establishing  minimum 
wages  and  maximum  hours  of  labor  far  superior  to  those  pre- 
scribed by  the  wage  boards  of  other  countries. 

"  There  is  a  marked  difference,  however,  between  the  laws  of 
other  countries  and  the  laws  enacted  or  proposed  in  various  states 
in  our  country.  In  England  and  in  Australia  authority  is  vested 
in  wage  boards  to  fix  minimum  wages  for  men  workers  as  well  as 
for  women  and  minors;  whereas  in  America  these  laws  relate 
exclusively  to  women  workers  and  to  minors.  If  it  were  proposed 
in  this  country  to  vest  authority  in  any  tribunal  to  fix  by  law 
wages  for  men,  Labor  would  protest  by  every  means  in  its  power. 
Through  organization  the  wages  of  men  can  and  will  be  main- 
tained at  a  higher  minimum  than  they  would  be  if  fixed  by  legal 
enactment. 

"  But  there  is  a  far  more  significant  ground  for  opposing  the 
establishment  by  law  of  a  minimum  wage  for  men.  The  prin- 
ciple that  organization  is  the  most  potent  means  for  a  shorter 
workday,  and  for  a  higher  standard  of  wages,  applies  to  women 
workers  equally  as  to  men.  But  the  fact  must  be  recognized  that 


ECONOMIC  INEQUALITY. 

the  organization  of  women  workers  constitutes  a  separate  and 
more  difficult  problem.  Women  do  not  organize  as  readily  or  as 
stably  as  men.  They  are,  therefore,  more  easily  exploited.  They 
certainly  are  in  a  greater  measure  than  men  entitled  to  the  con- 
cern of  society.  A  fair  standard  of  wages,  a  living  wage  for 
all  employed  in  an  industry,  should  be  the  first  consideration  in 
production.  None  are  more  entitled  to  that  standard  than  are 
the  women  and  minors.  An  industry  which  denies  to  all  its 
workers  and  particularly  denies  to  its  women  and  minors  who  are 
toilers  a  living  wage  is  unfit  and  should  not  be  permitted  to  exist. 

"  We  recognize,  of  course,  that  in  our  time  legislation  of  this 
character  is  experimental  and  that  sufficient  experience  with  it 
has  not  been  had  to  enable  us  to  secure  comprehensive  and  accu- 
rate information  as  to  its  tendency  and  its  effect  upon  wages  and 
industrial  conditions;  therefore,  we  recommend  that  for  the 
information  of  the  labor  movement  the  Executive  Council  be 
instructed  to  watch  developments  where  such  legislation  is  in 
force  and  to  record  carefully  the  activities,  the  decisions  and  the 
trend  of  minimum  wage  boards. 

''  We  recommend  that  in  all  minimum  wage  laws  the  organ- 
ized workers  should  see  to  it  that  provision  is  made  for  the  repre- 
sentation on  minimum  wage  boards  of  the  organized  wage  earners, 
and  that  the  laws  are  so  changed  or  drawn  and  administered  as  to 
afford  the  largest  measure  of  protection  to  women  and  minor 
workers  —  those  they  are  designed  to  protect." 

ECONOMIC    INEQUALITY   BETWEEN   EMPLOYER  AND   EMPLOYEE. 

*  The  legislature  has  also  recognized  the  fact,  *  *  *  that 
the  proprietors  of  these  establishments  and  their  employees  do 
not  stand  on  an  equality,  and  that  their  interests  are,  to  a  certain 
extent,  conflicting.  The  former  naturally  desire  to  obtain  as 
much  labor  as  possible  from  their  employees,  while  the  latter  are 
often  induced  by  the  fear  of  discharge  to  conform  to  regulations 
which  their  judgment,  fairly  exercised,  would  pronounce  to  be 
detrimental  to  their  health,  and  strength.  In  other  words,  the 
proprietors  lay  down  the  rules,  and  the  laborers  are  practically 
constrained  to  obey  them.  *  *  *  The  fact  that  both  parties 


250         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

are  of  full  age,  and  competent  to  contract,  does  not  necessarily 
deprive  the  state  of  power  to  interfere,  where  the  parties  do  not 
stand  upon  an  equality,  or  where  the  public  health  demands  that 
one  party  to  the  contract  shall  be  protected  against  himself.7' 

Holden  v.  Hardy,  169  II.  S.  366.     Brief  for  a  Proposed 

Minimum  Wage  Law,  for  Wisconsin,  prepared  under 

the  direction  of  J.  R.  Commons. 

"All  the  protection  afforded  to  the  laborer  as  debtor,  creditor, 
wage  earner,  and  wage  bargainer  in  the  matter  of  hours  of  labor, 
sanitation,  and  methods  of  payment  do  not  avail  unless  he  re- 
ceives wages  sufficient  to  maintain  himself  and  those  dependent 
upon  him  in  the  necessary  comforts  of  life.  This  is  partly  the 
result  of  new  burdens  on  labor  on  account  of  compulsory  educa- 
tion, housing  and  sanitation,  pure  food  laws,  industrial  accidents, 
etc.  The  cost  of  living  to  the  laborer  has  been  greatly  increased 
by  these  measures.  It  is  also  partly  the  result  of  lessened  oppor- 
tunities for  labor  to  escape  from  the  condition  of  wage  earner  into 
the  condition  of  self-employment  or  the  employment  of  another, 
on  account  of  disappearance  of  free  public  lands,  and  the  large 
amounts  of  capital  and  credit  required  for  business." 

Brief  for  a  Proposed  Minimum  Wage  Law  for  Wisconsin, 
prepared  under  the  direction  of  J.  R.  Commons. 

Mr.  Ord,  the  Victorian  factory  inspector,  describes  (Report, 
1898,  pp.  12,  13  and  14)  "  the  saddest  feature  of  the  excess  of 
labor  over  demand.  The  men  are  not  true  to  themselves.  *  *  * 
An  aid  man  (in  the  boot  trade)  I  once  asked  to  sign  a  statutory 
declaration  as  to  his  wages,  looked  me  fair  in  the  face  and  said, 
'  Mr.  Ord,  I'll  declare  anything  you  like.'  What  he  meant  was, 
I  must  work,  and  to  get  and  keep  the  work  I  will  commit  perjury 
if  you  like.  When  the  same  is  done  by  young  men,  one 

begins  to  ask,  how  can  Parliament  protect  the  men  against  them- 
selves? The  only  answer  appears  to  me  to  be,  provide  work  at 
remunerative  wages  for  men  able  to  work  and  old  age  pensions 
for  the  old  workers." 

The  Case  For  and  Against  a  Legal  Minimum  Wage  for 

Sweated  Workers,   p.   15;   The  Woman's   Industrial 

Council,  London. 


1 'AKASITIC    I  \Di;s  rini-s.  251 

"  The  variations  in  the  wage  rates  paid  by  different  factories 
for  the  same  work  are  frequent  and  great.  In  each  occupation 
listed,  except  that  of  washing,  the  highest  wage  paid  by  the  estab- 
lishments at  one  extreme  is  at  least  double  that  paid  by  the  estab- 
lishment at  the  other  extreme,  and  in  the  excepted  occupation  of 
washing,  the  variation  is  little  short  of  100  per  cent.  In  grinding 
the  variation  is  particularly  great,  the  difference  between  6.2 
cents  an  hour  and  15  cents  an  hour  being,  on  a  58-hour  per  week 
basis,  the  difference  between  $3.60  a  week  and  $8.70  a  week." 

Report  on  Condition  of  Women  and  Child  Wage  Earners 
in  the  United  States.  Vol.  Ill,  p.  408.  Glass 
Industry.  Senate  Document  No.  645,  61st  Congress, 
2nd  Session,  1911. 

A  LIVING  WAGE  AND  THE  PARASITIC  INDUSTRIES. 

The  interpretation  of  "  fair  and  reasonable  "  wages  is  given 
by  Mr.  Justice  Higgins,  president  of  the  Australian  Common- 
wealth Court  of  Arbitration,  as  follows : 

'  The  provision  for  a  fair  and  reasonable  remuneration  is 
obviously  designed  for  the  benefit  of  the  employees  in  the  indus- 
try; and  it  must  be  meant  to  secure  for  them  something  which 
they  cannot  get  by  the  ordinary  system  of  individual  bargaining 
with  employers.  If  Parliament  meant  that  the  conditions  shall 
be  such  as  they  can  get  by  individual  bargaining  —  if  it  meant 
that  those  conditions  are  to  be  fair  and  reasonable  which  em- 
ployees will  accept  and  employers  will  give  in  contracts  of  ser- 
vice —  there  would  have  been  no  need  for  this  provision.  The 
remuneration  could  safely  have  been  left  to  the  usual,  but  un- 
equal, contest,  the  '  higgling  of  the  market '  for  labor,  with  the 
pressure  for  bread  on  one  side,  and  the  pressure  for  profits  on  the 
other.  The  standard  of  '  fair  and  reasonable '  must,  therefore, 
be  something  else ;  and  I  cannot  think  of  any  other  standard 
more  appropriate  than  the  normal  needs  of  the  average  employee, 
regarded  as  a  human  being  living  in  a  civilized  community.  I 
have  invited  counsel  and  all  concerned  to  suggest  any  other  stan- 
dard; and  they  have  been  unable  to  do  so.  If,  instead  of  indi- 
vidual bargaining,  one  can  conceive  of  a  collective  agreement  — 


252          APPENDIX  III  —  MINIMUM   WAGE  LEGISLATION. 

an  agreement  between  all  the  employers  in  a  given  trade  on  the 
one  side,  and  all  the  employees  on  the  other  —  it  seems  to  me 
that  the  framers  of  the  agreement  would  have  to  take,  as  the  first 
and  dominant  factor,  the  cost  of  living  as  a  civilized  being.  If 
A  lets  B  have  the  use  of  his  horses,  on  the  terms  that  he  give 
them  fair  and  reasonable  treatment,  I  have  no  doubt  that  it  is 
B's  duty  to  give  them  proper  food  (sic)  and  water,  and  such 
shelter  and  rest  as  they  need;  and,  as  wages  are  the  means  of 
obtaining  commodities,  surely  the  state,  in  stipulating  for  fair 
and  reasonable  remuneration  for  the  employees,  means  that  the 
wages  shall  be  sufficient  to  provide  these  things,  and  clothing, 
and  a  condition  of  frugal  comfort  estimated  by  current  human 
standards.  This,  then,  is  the  primary  test,  the  test  which  I  shall 
apply  in  ascertaining  the  minimum  wage  that  can  be  treated  as 
'  fair  and  reasonable  ?  in  the  case  of  unskilled  laborers." 

Quoted  by  M.  B.  Hammond,  American  Economic  Review, 
June,  1913,  page  268. 

If  a  man  cannot  maintain  his  enterprise  without  cutting  down 
the  wages  which  are  proper  to  be  paid  to  his  employees  —  at  all 
events,  the  wages  which  are  essential  for  their  living  —  it  would 
be  better  that  he  should  abandon  the  enterprise.  This  is  the 
view  independently  adopted  by  Mr.  Justice  Gordon  in  Adelaide, 
and  Mr.  Justice  Burnside  in  Western  Australia.  The  former 
said  in  the  Brush-makers  case,  "  If  any  particular  industry  can- 
not keep  going  and  pay  its  employees  at  least  7s.  a  day  of  eight 
hours,  it  must  shut  up."  In  the  Collie  Miners  case,  Mr.  Justice 
Burnside  refused  an  application  of  the  employers  to  lower  the 
minimum,  and  said,  "  If  the  industry  cannot  pay  that  price,  it 
had  better  stop,  and  let  some  other  industry  absorb  the  workers." 
Both  the  other  members  of  the  court  concurred  in  the  latter 
decision.  (6  W.  A.  Arb.  Eep.  84.) 

Mr.   Justice  Higgins  of  the   Commonwealth   Arbitration 

Court   of   Australia,    quoted   by   M.    B.    Hammond, 

Ibid.,  p.  282. 

"  In  view  of  these  conditions,  can  any  one  say  that  a  wage  of 
$2.75  a  day  is,  as  a  matter  of  law,  more  than  a  reasonable  living 


RELATION  TO  COST  OF  PRODUCTION.  253 

wage?  The  unit,  as  applied  to  the  problem  of  living,  is  the 
family,  not  the  individual,  and  $2.75,  or  even  $3,  a  day  can 
hardly  be  complacently  pronounced  as  an  unreasonable  sum  for 
supporting  such  a  unit.  To  hold  that  the  payment  of 

any  sum  which  we  cannot  say  is  above  a  reasonable  living  wage, 
though  it  may  be  above  the  prevailing  rate  of  wages,  is  a  mere 
gratuity,  would  be  to  sacrifice  the  fact  to  a  mere  term.  Such  a 
holding  would  be  an  indictment  of  our  civilization." 

Malette  v.  City  of  Spokane,  Supreme  Court  of  Washing- 
ton, Pacific  Reporter,  Feb.  2,  1914,  page  508. 

"  Upon  the  question  of  the  general  policy  of  Parliament  fixing 
or  providing  for  the  fixing  of  a  minimum  rate  of  payment  for 
work,  below  which  it  should  be  illegal  to  employ  people,  your 
committee  are  of  the  opinion  that  it  is  quite  as  legitimate  to 
establish  by  legislation  a  minimum  standard  of  remuneration  as 
it  is  to  establish  such  a  standard  of  sanitation,  cleanliness,  ventila- 
tion, air  space,  and  hours  of  work.  If  it  be  said  that  there  may 
be  industries  which  cannot  be  carried  on  if  such  a  standard  of 
payment  be  enforced,  it  may  be  replied  that  this  was  said  when 
the  enactment  of  many  of  the  provisions  of  the  factory  and  other 
similar  acts  were  proposed,  and  public  opinion  supported  Parlia- 
ment in  deciding  that,  if  the  prognostication  were  an  accurate 
one,  it  would  be  better  that  any  trade  which  could  not  exist  if 
such  a  minimum  of  decent  and  humane  conditions  were  insisted 
upon  should  cease.  Parliament,  with  the  full  approval  of  the 
nation,  has  practically  so  decided  again  and  again,  when  enact- 
ments have  been  passed  forbidding  the  carrying  on  of  specified 
industries,  unless  certain  minimum  conditions  as  to  health,  safety 
and  comfort  are  complied  with." 

Report  from   the   Select   Committee  on   Home   Work   to 
House  of  Commons,  London,  p.  xiv,  1908. 

RELATION  TO  COST  OF  PRODUCTION. 
(a)    Efficiency  of  Employer  and  Employee. 

"  Frankly,  the  minimum  wage  for  women  has  come.  You  will 
have  to  meet  it.  And  why  shouldn't  you  meet  it?  What  harm 


254         AFPEXDIX    i  IF--  MINIMUM  WAGE  LEGISLATION. 

is  it  going  to  do  you  if  every  merchant  has  to  pay  the  same 
wage  ?  It  becomes  precisely  as  other  expense  accounts.  Hitherto 
the  law  of  supply  and  demand  fixed  the  wage  schedule.  Hence- 
forth it  will  be  efficiency  and  if  the  cost  of  selling  is  increased, 
the  purchaser  is  the  one  who  will  pay. 

"An  eight-hour  law  for  employees  is  pending  in  some  states. 
When  the  law  first  came  into  our  state,  we  thought  it  was  very 
drastic.  Time  has  proved  the  wisdom  of  this  law.  Merchants 
have  adapted  themselves  to  it.  Business  proceeds  with  ever-in- 
creasing prosperity  and  we  are  scarcely  conscious  of  ever  having 
worked  without  an  eight-hour  law  in  effect." 

Mr.  Arthur  Letts,  of  Los  Angeles,  president  Retail  Dry 

Goods  Association.     New  York  Times,  February  12, 

1914. 

"  It  is  interesting  to  note  that  many  of  the  employers  admit 
that  the  result  of  the  Trade  Board  award  has  been  already  to  call 
their  attention  to  many  instances  of  waste  and  leakage  in  their 
establishments.  While  the  rate  was  in  partial  operation  card- 
board factories  have  been  carefully  overhauled,  and  a  new  tidi- 
ness and  efficiency  have  entered  into  them." 

Annual  Report  of  the  National  Anti-Sweating  League, 
London,  1913,  p.  7. 

"  Many  people  thought  an  increase  in  price  must  follow  a  rise 
in  wages.  Well,  in  Melbourne  the  trade  boards  had  raised  wages, 
sometimes  by  50  per  cent,  and  TO  per  cent,  beyond  what  the 
women  had  been  getting  before,  and  he  had  satisfied  himself  that 
there  was  no  increase  in  the  price  of  the  furnished  article  at  all 
as  a  consequence  of  the  rise  in  prices.  Yet  the  employers  were 
not  bankrupt.  The  explanation  was  that  when  the  higher  wages 
had  to  be  paid  the  industry  was  carried  on  in  a  more  efficient 
way  than  when  the  employer  paid  low  wages.  For  the  increased 
wages  they  paid  they  saw  to  it  that  they  got  more  efficient  work. 
Thus  the  labor  was  not  more  expensive  to  the  employer,  although 
the  workers  received  more.'7 

Sidney  Webb,  National  Conference  on  the  Prevention  of 
Destitution,  p.  425,  1912. 


RELATION  TO  COST  OF  PRODUCTION.  ^."i.", 

''And  it  is  difficult  to  believe  that  the  enforcement  of  a  legal 
minimum  wage  in  all  these  different  industries,  employing 
110,000  persons  (being,  with  their  families,  more  than  a  quarter 
of  the  entire  population  of  the  state),  has  interfered  with  the 
profitableness  of  industry,  when  the  number  of  factories  has  in- 
creased, in  the  sixteen  years,  by  no  less  than  60  per  cent.,  and  the 
numbers  of  workers  in  them  have  more  than  doubled.  Certainly, 
no  statesman,  no  economist,  no  political  party  nor  any  responsible 
newspaper  of  Victoria,  however  much  a  critic  of  details,  ever 
dreams  now  of  undoing  the  Minimum  Wage  Law  itself." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  976. 

1  The  unenlightened  employers  who  have  opposed  these  meas- 
ures persistently  asserted  that  the  new  restrictions  or  expenses 
imposed  upon  their  business  would  destroy  their  profits,  cripple 
their  competition  with  foreigners  and  close  their  mills.  The  laws 
were  passed,  the  burdens  were  imposed,  no  such  disaster  as  was 
predicted  actually  occurred.  Why  not?  Well,  partly  because 
the  improved  safety,  and  sanitation,  the  shorter  hours,  and  other 
betterment  in  the  condition  of  the  employees  raised  the  efficiency 
of  labor,  but  partly  also  because  the  fear  of  reduced  profits 
operated  upon  the  employers  as  a  stimulus  to  improved  economy 
in  the  conduct  of  their  business.  A  rise  in  the  wage  bill  or  in 
other  expenses  led  to  the  invention  or  adoption  of  improved 
machinery,  the  utilization  of  hitherto  wasted  products,  or  other 
improvements  either  in  the  technique  or  in  the  administration 
of  the  business.  A  trade  dependent  for  its  economy  upon 
abundance  of  cheap,  low-grade  labor  is  notoriously  an  unpro- 
gressive  trade;  an  enforced  rise  of  wages  will  commonly  be  a 
spur  to  progress." 

John    A.    Hobson,    before    the    National    Anti-Sweating 

League,    London,    1907.      Report    of    Proceedings, 

page  55. 

'  The  fact  remains  that  in  several  trades  in  which  wages  have 
tended  upwards  there  IB  much  testimony  to  the  fact  that  neither 
cost  nor  price  have  bee.  similarly  affected,  and  in  some  instances 


256         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

it  has  been  admitted  that  they  have  tended  in  the  opposite  direc- 
tion." The  Melbourne  manager  of  one  of  the  largest  importing 
and  manufacturing  firms  in  Australia  is  quoted  as  saying:  "  They 
(the  special  boards)  have  made  no  difference  in  business  and  no 
traceable  difference  in  prices."  Another  employer  in  the  clothing 
trade  gave  an  experience  of  several  years  during  which,  while 
wages  had  increased  20  per  cent.,  costs  had  diminished  35  per  cent. 
In  the  replies  furnished  to  the  questions  set  forth  in  Form  B  of 
Mr.  Aves'  report,  twenty-eight  persons  state  that  they  are  unable 
to  mention  a  single  case  in  which  special  boards  have  led  to  an 
increase  in  price,  while  nine  only  answer  doubtfully  or  in  the 
opposite  sense.  The  advantage  of  a  greater  equality  of  conditions 
on  both  sides,  secured  by  a  minimum  rate,  appears  to  be  strongly 
felt  in  Victoria,  and  the  fact  that  the  honest  employer  is,  under 
a  special  board,  placed  on  an  equality  with  the  sweater  is  forcibly 
insisted  on.  "  This  point  is  mentioned  repeatedly."  So  cautious 
and  careful  a  collector  of  evidence  as  Mr.  Aves  feels  constrained 
to  add  that  "  from  this  point  of  view,  which  is  reflected  in  con- 
nection with  trades  of  many  descriptions  —  from  engineering 
down  to  white  work  —  the  special  boards  may  almost  be  regarded 
as  having  won  general  approval." 

Miss  Constance  Smith  in  The  Case  for  Wages  Boards, 
London,  National  Anti-Sweating  League;  quotations 
from  Mr.  Ernest  Aves'  report  on  the  Australasian 
systems. 

'  To  the  wage  earners  as  a  class  it  is  of  the  utmost  importance 
that  .the  other  factors  in  production  —  capital  and  brain  power  - 
should  always  be  working  at  their  highest  possible  efficiency,  in 
order  that  the  common  product,  on  which  wages  no  less  than 
profits  depend,  may  be  as  large  as  possible.  The  enforcement  of 
the  common  rule  on  all  establishments  concentrates  the  pressure 
of  competition  on  the  brains  of  the  employers,  and  keeps  them 
always  on  the  stretch.  '  Mankind/  says  Emerson,  '  is  as  lazy  as 
it  dares  to  be ',  and  so  long  as  an  employer  can  meet  the  pressure 
of  the  wholesale  trader,  or  of  foreign  competition,  by  nibbling 
at  wages  or  '  cribbing  time ?  he  is  not  likely  to  undertake  the 
'  intolerable  toil  of  thought '  that  would  be  required  to  discover 


TiKLATION    TO    COST    OF    PRODUCTION.  257 

a  genuine  improvement  in  the  productive  process,  or  even,  as 
Babbage  candidly  admits,  to  introduce  improvements  that  have 
already  been  invented." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  983. 

"  From  the  point  of  view  of  the  economist,  concerned  to  secure 
the  highest  efficiency  of  the  national  industry,  it  must  be  counted 
to  the  credit  of  the  legal  minimum  wage  that  it  compels  the  em- 
ployer, in  his  choice  of  men  to  fill  vacancies,  seeing  that  he  can- 
not get  a  k  cheap  hand '  for  the  price  that  he  has  to  pay,  to  be 
always  striving  to  exact  greater  strength  and  skill,  a  higher  stan- 
dard of  sobriety  and  regular  attendance,  and  a  superior  capacity 
for  responsibility  and  initiative.  This  is  exactly  what  has  hap- 
pened in  Victoria  under  the  Minimum  Wage  Law,  as  it  has  hap- 
pened in  Great  Britain  where  a  definitely  fixed  minimum  has 
been  substituted  for  the  irregular  competitive  rates,  which,  in  the 
absence  of  a  common  rule,  the  sharp  or  '  cutting '  employer  can 
enforce  on  the  weakest  or  most  necessitous  workers.  Thus,  a 
legal  minimum  wage  positively  increases  the  productivity  of  the 
nation's  industry,  by  ensuring  that  the  surplus  of  unemployed 
workmen  shall  be  exclusively  the  least  efficient  workmen;  or,  to 
put  it  in  another  way,  by  ensuring  that  all  the  situations  shall 
be  filled  by  the  most  efficient  operatives  who  are  available.  This 
is  plainly  not  the  case  under  '  free  competition '  where  there  is 
no  fixed  minimum." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  979. 

"  But  it  may  be  remarked,  in  passing,  that  it  is  by  no  means 
the  general  consensus  of  informed  opinion  that  either  maximum 
time  or  minimum  wage  laws,  not  exceeding  a  reasonable  living 
wage,  when  fairly  tried  out,  will  have  the  necessary  effect  of 
increasing  the  cost  of  work  to  any  material  extent,  especially 
when  applied  only  to  public  work.  The  evidence  shows  that 
there  is  no  scarcity  of  laborers  in  Spokane,  and  it  would  seem 
that  the  shorter  hours  of  labor  and  higher  daily  pay  would  neces- 
sarily attract  many  of  them.  The  city  and  those  doing  its  work 
9 


258         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

by  contract  would  thus  have  the  choice,  and  could  select  the  more 
efficient  laborers.  This  would  unquestionably  tend  to  counteract 
in  efficiency  the  added  cost  caused  by  shorter  hours  and  higher 
pay.  Contractors  would,  in  time,  -learn  this  fact  and  make  their 
calculations  and  bids  accordingly." 

Malette  v.  City  of  Spokane,  Supreme  Court  of  Washing- 
ton, Pacific  Eeporter,  February  2,  1914,  page  504. 

"  We  arrive,  therefore,  at  the  unexpected  result  that  the  en- 
forcement of  definite  minimum  conditions  of  employment  as  com- 
pared with  a  state  of  absolute  freedom  to  the  employer  to  do  as 
he  likes,  positively  stimulates  the  invention  and  adoption  of  new 
processes  of  manufacture.  This  is  no  new  paradox,  but  has  been 
repeatedly  remarked  by  the  opponents  of  trade  unionism.  Thus 
Babbage,  in  1832,  described  in  detail  how  the  invention  and 
adoption  of  new  methods  of  forging  and  welding  gun  barrels  was 
directly  caused  by  the  combined  insistence  on  better  conditions 
of  employment  by  all  the  workmen  engaged  in  the  old  process. 

1  In  this  difficulty  (he  says)  the  contractors  resorted  to  a  mode 
of  welding  the  gun  barrel  according  to  a  plan  for  which  a  patent 
had  been  taken  out  by  them  some  years  before  the  event.  It  had 
not  then  succeeded  so  well  as  to  come  into  general  use,  in  conse- 
quence of  the  cheapness  of  the  usual  mode  of  welding  by  hand 
labor,  combined  with  some  other  difficulties  with  which  the 
patentee  had  to  contend.  But  the  stimulus  produced  by  the  com- 
bination of  the  workmen  for  this  advance  of  wages  induced  him 
to  make  a  few  trials,  and  he  was  enabled  to  introduce  such  a 
facility  in  welding  gun  barrels  by  roller,  and  such  perfection  in 
the  work  itself,  that  in  all  probability  very  few  will  in  future  be 
welded  by  hand  labor.  Similar  examples  (continues  Babbage) 
must  have  presented  themselves  to  those  who  are  familiar  with 
the  details  of  our  manufactories,  but  these  are  sufficient  to  illus- 
trate one  of  the  results  of  combinations.  *  *  *  It  is  quite 
evident  that  they  have  all  this  tendency;  it  is  also  certain  that 
considerable  stimulus  must  be  applied  to  induce  a  man  to  con- 
trive a  new  and  expensive  process;  and  that  in  both  these  cases 
unless  the  fear  of  pecuniary  loss  had  acted  powerfully  the  im- 
provement would  not  have  been  made/ ' 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  982. 


RELATION  TO  COST  OF  PRODUCTION.  259 

(b)     Employees  Unable  to  Earn  the  Minimum  Rate. 

"  Thus,  all  the  most  capable  and  best  conducted  would  cer- 
tainly obtain  regular  situations.  But  this  concentration  of  em- 
ployment would,  it  must  be  admitted,  imply  the  total  exclusion 
of  others,  who  might,  in  the  absence  of  regulation,  have  '  picked 
up '  some  sort  of  partial  livelihood.  In  so  far  as  the  persons  thus 
rendered  permanently  unemployed  consisted  merely  of  children 
removed  from  industrial  work  to  the  schoolroom,  few  (and  cer- 
tainly no  economist)  would  doubt  that  the  change  would  be 
wholly  advantageous  to  national  productivity  and  economic 
efficiency.  And  there  are  many  who  would  welcome  a  reorgani- 
zation of  industry,  which,  by  concentrating  employment  exclus- 
ively among  those  in  regular  attendance,  would  tend  automatically 
to  exclude  from  wage  labor,  and  to  set  free  for  domestic  duties,  an 
ever-increasing  proportion  of  the  women  having  young  children 
to  attend  to.  There  would  still  remain  to  be  considered  the 
remnant  who,  notwithstanding  the  increased  demand  for  adult 
male  labor  and  independent  female  labor,  proved  to  be  incapable 
of  earning  the  legal  minimum  in  any  capacity  whatsoever.  We 
should,  in  fact,  be  brought  face  to  face  with  the  problem,  not  of 
the  unemployed  but  of  the  unemployable;  those  whom  no  em- 
ployer would  employ  at  the  legal  minimum  even  if  trade  was 
booming  and  he  could  get  nobody  else. 

"  The  unemployable,  to  put  it  bluntly,  do  not  and  cannot  under 
any  circumstances  earn  their  keep.  What  we  have  to  do  with 
them  is  to  see  that  as  few  as  possible  of  them  are  produced ;  that 
such  of  them  as  can  be  cured  are  (almost  at  whatever  cost) 
treated  so  as  promptly  to  remove  their  incapacity,  and  that  the 
remnant  are  provided  for  at  the  public  expense,  as  wisely,  as 
humanely,  and  inexpensively  as  possible.  *  But,  of  all 

ways  of  dealing  with  these  unfortunate  parasites,  the  most  ruin- 
ous to  the  community  is  to  allow  them  unrestrainedly  to  compete 
as  wage  earners  for  situations." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  992. 

"  It  is  undoubtedly  true  that  a  determination  in  favor  of  mini- 
mum wage  regulations  does  commit  organized  society  to  a  more 


260          APPENDIX  III  --  MINIMI  *:M   WAGE  LEGISLATION. 

responsible  attitude  toward  the  whole  labor  problem,  than  any 
American  state  has  yet  adopted.  For  one,  I  welcome  this 
prospect  and  believe  that  the  more  serious  attention  to  the  ques- 
tions of  unemployment  and  its  remedies,  of  industrial  education 
and  vocational  guidance,  and  of  provision  for  indigent  widows 
and  orphans,  for  the  superannuated  and  for  defectives,  which  it 
must  entail,  will  prove  only  advantageous." 

Henry  R.   Seager,  American  Labor  Legislation  Review, 
Vol.  Ill,  No.  1,  page  89. 

THE  MINIMUM  WAGE  AS  A  PUBLIC  POLICY. 

"  Just  as  it  is  against  public  policy  to  allow  an  employer  to 
engage  a  woman  to  work  excessive  hours  or  under  insanitary  con- 
ditions, so  it  is  equally  against  public  policy  to  permit  him  to 
engage  her  for  wages  insufficient  to  provide  the  food  and  shelter 
without  which  she  cannot  continue  in  health.  Once  we  begin  to 
prescribe  the  minimum  conditions  under  which  an  employer 
should  be  permitted  to  open  a  factory,  there  is  no  logical  distinc- 
tion to  be  drawn  between  the  several  clauses  of  the  wage  contract. 
From  the  point  of  view  of  the  employer,  one  way  of  increasing 
his  expenses  is  the  same  as  another,  while  to  the  economist  and  the 
statesman,  concerned  with  the  permanent  efficiency  of  industry 
and  the  maintenance  of  national  health,  adequate  food  is  at  least 
as  important  as  reasonable  hours  or  good  drainage.  To  be  com- 
pletely effectual  the  same  policy  will,  therefore,  have  to  be  ap- 
plied to  wages.  Thus,  to  the  economist,  the  enforcement  of  a 
legal  minimum  wage  appears  but  as  the  latest  of  the  long  series 
of  common  rules,  which  experience  has  proved  to  be  (&)  neces- 
sary to  prevent  national  degradation;  and  (&)  positively  advan- 
tageous to  industrial  efficiency." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  pages  988  and  989. 

"  The  eight-hour  law  manifests  a  public  policy  on  the  part  of 
the  state  to  better  the  condition  of  laborers  employed  upon  public 
work.  The  purpose  of  the  minimum  wage  ordinance  is  precisely 
the  same,  and  the  policy  which  sustains  the  one  warrants  the 
other.  We  fail  to  find  wherein  the  ordinance  in  question  is  con- 


PUBLIC    POLICY.  261 

trary  to  any  public  policy  of  the  state,  either  as  declared  or  im- 
plied in  any  statutory  enactment.  On  the  contrary,  it  is  in 
accord  with  the  policy  which  underlies  the  eight-hour  law. 

Malette  v.  City  of  Spokane,  Supreme  Court  of  Washing- 
ton, Pacific  Reporter,  February  2,  1914,  page  502. 

"  The  idea  underlying  the  ultimately  developed  sentiment  of 

the  people  upon  that  subject  (exemption)  *     is  that  the 

citizen  is  an  essential  elementary  constituent  of  the  state ;  that 

to  preserve  the  state  the  citizen  must  be  protected ;  that  to  live,  he 

must  have  the  means  of  living;  to  act  and  to  be  a  citizen  he  must 

be  free  to  act  and  to  have  somewhat  wherewith  to  act,  and  thus 

to  be  competent  to  the  performance  of  his  high  functions  as  such. 

Hence  it  would  seem,  as  no  doubt  it  was,  a  matter  of  the  gravest 

state  policy  to  invest  the  citizen  with,  and  to  secure  to  him,  those 

essential  perquisites,  without  which  the  state  could  not  demand 

of  him  at  all  times  his  instant  service  and  devoted  allegiance." 

Maxwell  v.   Reed,   7  Wis.    594.     Brief  for   a   Proposed 

Minimum  Wage  Law  for  Wisconsin,  prepared  under 

the  direction  of  J.  R.  Commons. 

"A  continually  fluctuating  labor  market  is  a  heavy  burden  011 
the  fair  employer  in  manufacturing.  He  is  menaced  by  the  under- 
cutting of  his  wage  rates  by  his  rivals  in  business,  by  strikes  of 
his  employees,  by  the  uncertainties  of  the  future,  by  alterations 
in  costs.  His  losses  besides  are  those  of  a  citizen  obliged  to  help 
support  those  of  his  competitors  not  paying  a  living  wage  and 
whose  employees  are  hence  from  time  to  time  thrown  on  the  com- 
munity for  assistance.  We  cannot  but  conclude  that  the  fair  em- 
ployer must  in  the  end  agree  with  us  on  the  desirability  and 
feasibility  of  the  minimum  wage  as  here  advocated." 

John  Mitchell,   in  The  Wage-Earner  and  His  Problem, 
p.  103. 

"  First,  let  us  notice  that  the  act  of  1896  (like  the  British 
Trade  Boards  Act  of  1909),  was  only  a  temporary  one.  It  has 
during  the  past  sixteen  years  been  incessantly  discussed ;  it  has 
been  repeatedly  considered  by  the  Legislature;  and,  as  a  result, 
it  has  been  five  successive  times  renewed  by  consent  of  both 


262         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

Houses.  Can  it  be  that  all  this  is  a  mistake?  Still  more  con- 
vincing, however,  are  the  continuous  demands  from  the  other 
trades,  as  they  witnessed  the  actual  results  of  the  legal  minimum 
wage  where  it  was  in  force,  to  be  brought  under  the  same  law. 

"  Now,  in  this  remarkable  popular  demonstration  of  the  suc- 
cess of  the  act,  tested  by  the  not  inconsiderable  period  of  sixteen 
years,  extending  over  years  of  relative  trade  depression  as  well 
as  over  years  of  boom,  some  features  deserve  mention.  First,  the 
extensions  have  frequently  —  indeed,  it  may  be  said  usually  - 
taken  place  at  the  request,  or  with  the  willing  acquiescence,  of 
the  employers  in  a  trade,  as  well  as  of  the  wage  earners.  What 
the  employers  appreciate  is,  as  they  have  themselves  told  me,  the 
very  fact  that  the  minimum  wage  is  fixed  by  law  and  therefore 
really  forced  on  all  employers :  The  security  that  the  act 
accordingly  gives  them  against  being  undercut  by  the  dishonest 
or  disloyal  competitors,  who  simply  will  not  (in  Victoria  as  in 
the  Port  of  London)  adhere  to  the  common  rules  agreed  upon  by 
collective  bargaining.  We  must  notice,  too,  that  the  application 
of  the  law  has  been  demanded  by  skilled  trades  as  well  as  by 
those  having  no  unions  at  all.  One  is  tempted,  indeed,  to  believe 
that  little  remains  now  outside  its  scope  except  the  agricultural 
occupations  and  domestic  service." 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  pages  974,  975  and  976. 

"It  is  now  seen  that,  in  carrying  his  successive  factory  acts, 
for  one  class  after  another,  laying  down  a  legal  minimum  for  one 
condition  after  another;  of  the  wage  contract,  Lord  Shaftsbury, 
like  the  trade  unionists  whom  he  feared,  was  '  building  better 
than  he  knew.'  What  was  at  first  empirical  has  become  scientific. 
'And  so  the  factory  acts/  to  use  the  words  of  the  late  Duke  of 
Argyll,  uttered  as  long  ago  as  1867,  '  instead  of  being  excused  as 
exceptional,  and  pleaded  for  as  justified  only  under  extraordi- 
nary conditions,  ought  to  be  recognized  as  in  truth  the  first  legis- 
lative recognition  of  a  great  natural  law  *  destined  to 
claim  for  itself  wider  and  wider  application.' ' 

Sidney  Webb,  Journal  of  Political  Economy,  December, 
1912,  page  998. 


PUBLIC  POLICY.  263 

"A  minimum  wage  standard  is  essential  for  the  protection  of 
labor,  whether  it  be  under  competitive  conditions  or  in  the  em- 
ploy of  a  trust  or  municipality.  We  have  seen  that  this  is  true 
in  the  case  of  thousands  of  non-English-speaking  immigrants  at 
Lawrence  and  elsewhere.  The  real  question  at  issue  is:  Shall 
this  minimum  wage  be  established  by  law  or  by  labor  organiza- 
tions ?  It  may  be  best  for  legislation  to  avoid  this  field  but,  if  so, 
we  may  look  for  just  such  conditions  as  have  been  found  at  Law- 
rence and  Little  Falls.  For  the  most  oppressed  laborers,  who 
are  not  even  able  to  organize,  it  would  seem  that  legislation 
might  make  a  beginning.'7 

John  R.  Commons,  American  Labor  Legislation  Review, 
'  Vol.  Ill,  Eo.  1,  page  92. 

"  In  Victoria  and  New  Zealand,  the  only  states  which  have 
had  long  enough  experience  with  the  legal  minimum  wage  to 
judge  adequately  of  its  results,  the  desirability  and  necessity  of 
its  maintenance  have  ceased  to  be  seriously  questioned.  The 
question  which  is  chiefly  discussed  in  Australia  is  whether  the 
wages  board  system  or  the  compulsory  arbitration  system  is  the 
best  method  of  securing  this  result.  In  Victoria,  where  em- 
ployers for  years  waged  a  bitter  fight  against  the  wages  board 
system,  opposition  on  their  part  to  the  principle  of  the  system 
seems  to  have  died  out,  however  serious  may  be  their  complaints 
against  particular  features  of  the  act,  against  certain  determina- 
tions of  the  boards,  or  against  the  administration  of  the  act  by 
the  chief  factory  inspector's  department.  And,  lest  this  favor- 
able opinion  of  the  success  of  the  system  be  thought  simply  the 
expression  of  a  partisan  investigator,  let 'me  say  that  the  presi- 
dents and  secretaries  of  the  two  strong  employers'  organizations 
in  Melbourne,  the  Victorian  Chamber  of  Manufactures  and  the 
Victorian  Employers'  Association,  which  formerly  led  the  attack 
on  the  wages  board  system,  told  me  that  opposition  on  the  part 
of  their  members  to  the  wages  board  had  ceased  and  that  they 
had  no  wish  to  see  the  system  abandoned.  The  same  opinion  was 
expressed  by  all  the  employers  with  whom  I  talked." 

M.   B.   Hammond,  American  Labor  Legislation  Review, 
Vol.  Ill,  No.  1,  pages  112  and  113. 


264          APPENDIX  III- ~  MIMMTM  WAGE    LEGISLATION. 

"  What  the  advocates  of  the  minimum  wage  idea  forget  is,  that 
the  United  States  is  divided  into  forty-eight  separate,  competing 
countries  with  widely  varying  conditions  of  employment  and 
wage  standards,  Massachusetts  being  among  the  states  which 
head  the  list  in  high  wages,  short  hours,  and  favorable  factory 
conditions.  For  any  one  of  these  high  class  states  to  set  a  legal 
minimum  wage  will  be  to  open  the  door  to  a  flood  of  workers 
from  other  states  who  will  expect  employment  at  higher  wages. 
The  immigration  of  aliens  from  Europe,  unless  absolutely  re- 
stricted, will  swell  this  stream  of  labor,  and  that  Massachusetts 
could  make  headway  against  this  inflow  is  inconceivable.  The 
legal  minimum  wage  will,  therefore,  drive  the  slow,  the  inef- 
ficient and  the  infirm  worker  out  of  industry  altogether  into 
pauperism,  and  no  sophistical  explanation  that  does  not  explain 
will  overcome  this  objection." 

Edward    F.    McSweeney,    American    Labor    Legislation 
Review,  Vol.  Ill,  No.  1  ,page  98. 

"  I  wish,  however,  to  refer  to  Australasian  experience  as  afford- 
ing an  answer  to  certain  questions  which  have  arisen  in  this 
morning's  discussion.  It  has  been  said  that  a  wage  board  would 
be  unable  to  accomplish  much,  if  anything,  in  one  of  our  Amer- 
ican states,  because  to  set  up  a  living  wage  as  a  minimum  in  any 
industry  in  which  interstate  competition  existed  would  result  in 
driving  that  industry  to  another  state.  Such  has  not  been  the 
experience  in  Victoria,  where  for  years  the  wages  boards  had  to 
meet  this  same  difficulty.  It  simply  meant  that  interstate  com- 
petition was  one  of  the  conditions  which  the  boards  had  to  con- 
sider in  fixing  wages  in  the  industries  with  which  they  were 
dealing.  Sometimes  a  board  would  be  unable  to  fix  a  minimum 
as  high  as  it  would  have  been  willing  to  do  if  the  interstate  com- 
petition had  not  existed,  but  this  did  not  mean  that  the  board 
could  do  nothing.  For  the  chief  service  to  be  rendered  by  the 
board  is  the  bringing  up  of  wages  to  the  level  now  maintained  by 
the  best  employers  in  the  trade.  In  spite  of  keen  interstate  com- 
petition, there  are  many  employers  in  any  trade  or  industry  who, 
in  the  absence  of  any  legal  minimum  wage,  pay  fair  and  reason- 
able wages  to  their  employees.  This  was  amply  illustrated  by 


CONSTITUTIONAL    Asi'KCTS.  J<i."i 

the  wage  statistics  gathered  and  published  by  the  Massachusetts 
minimum  wage  commission.  Wages  boards  in  Australia  have 
seldom  raised  wages  above  those  which  the  best  employers  in  the 
trade  were  already  paying.  They  have  simply  forced  the  under- 
paying employer  up  to  this  higher  level." 

George  G.   Groat,   American  Labor  Legislation  Review, 
Vol.  Ill,  No.  1,  page  111. 

CONSTITUTIONAL  ASPECTS. 

"  It  may  be  said  in  a  general  way  that  the  police  power  extends 
to  all  the  great  public  needs.     It  may  be  put  forth  in  aid  of  what 
is  sanctioned  by  usage  and  preponderant  opinion  to  be  greatly 
and  immediately  necessary  to  the  public  welfare." 
Noble  State  Bank  v.  Haskell,  219  U.  S.  104. 

"  The  assumption  that  no  such  proposal  as  that  to  regulate 
wages  in  private  employments  can  be  enforced  through  the  courts 
is  premature.  It  is  first  indispensable,  however,  that  the  Amer- 
ican people  should  be  convinced  that  some  action  for  the  protec- 
tion of  the  American  standard  of  living  is  necessary  and  that  the 
proposed  remedy  is  appropriate.  Whereas  the  Illinois  court  of 
last  resort  once  refused  to  enforce  a  law  regulating  the  hours  of 
labor  of  women,  and  then  in  the  light  of  further  reflection  and  a 
more  thorough  acquaintance  with  the  actual  conditions  of  employ- 
ment in  the  state  (in  the  second  Ritchie  case)  reversed  its  earlier 
decision,  so  social  reformers  who  can  prove  their  case  for  the 
minimum  wage  may  expect  equally  favorable  consideration  from 
the  courts.  There  is  no  essential  difference,  so  far  as  constitu- 
tional status  is  concerned,  between  the  legal  regulation  of  the 
hours  of  labor  and  the  legal  regulation  of  wages.  The  constitu- 
tionality of  both  alike  is  solely  a  matter  of  producing  sufficient 
evidence  showing  the  necessity  and  appropriateness  of  the  pro- 
posed legislation." 

Arthur  N.  Holcombe,  American  Economic  Review,  p.  29, 
1912. 

"  The  proposal  is  opposed  on  the  ground  that  it  is  contrary  to 
the  spirit  of  American  institutions  and  that  it  leads  logically  to 


266         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

socialism.  That  it  involves  a  pretty  complete  break  with  the 
laissez  faire  theory  of  government  is,  of  course,  true ;  but  that  it 
differs  in  anything  but  degree  from  the  legal  regulation  of  safety 
and  sanitary  conditions  and  hours  of  employment,  I  am  unable 
to  see.  The  spirit  of  American  institutions,  as  interpreted  by 
the  Supreme  Court  of  the  United  States,  has  proved  itself  suf- 
ficiently broad  to  embrace  hour  regulations  for  women  and  chil- 
dren, and  even  for  men  in  hazardous  employments.  If  the  need 
and  efficiency  of  minimum  wage  regulations  can  be  demonstrated, 
I  believe  that  they,  too,  will  be  recognized  as  within  the  scope 
of  that  broad  power  of  police,  through  which  individual  liberty 
may  be  curbed  for  the  sake  of  the  common  welfare.  From  one 
point  of  view,  any  extension  of  the  functions  of  government  in 
the  industrial  field,  leads  in  the  direction  of  socialism,  but  there 
is  certainly  quite  as  much  logic  in  the  contention  that  this  and 
other  needed  social  reforms  tend  to  make  outright  socialism 

O 

undesirable  and  unnecessary,  as  in  the  other  view  that  the  adop- 
tion of  any  policy  that  socialists  happen  to  advocate  must  lead  to 
socialism.  Moreover,  most  thoughtful  Americans  have  ceased  to 
find  in  the  phrase  '  socialistic ?  any  very  clear  or  convincing 
reason  either  for  or  against  a  proposed  policy." 

Henry  E.   Seager,  American  Labor  Legislation  Review, 
Vol.  Ill,  No.  1,  page  88. 

"  It  is  too  plain  for  argument  that  every  maximum  hours  law 
prescribing  less  than  the  number  of  hours  usually  constituting 
a  day'-s  labor,  when  coupled  with  a  provision  for  minimum  pay 
not  less  than  the  current  rate  for  a  day's  labor,  is  a  minimum 
wage  law  pure  and  simple,  prescribing  a  wage  above  the  current 
rate  for  the  same  class  of  labor.  Every  objection,  therefore, 
which  can  be  logically  or  legally  raised  against  an  undisguised 
minimum  wage  law,  can  be  advanced,  just  as  logically  and  just  as 
legally,  against  the  usual  eight-hour  law." 

Malette  v.  City  of  Spokane,  Supreme  Court  of  Washing- 
ton, Pacific  Eeporter,  February  2,  1914,  page  499. 

"  If  it  is  within  the  power  of  the  Legislature  to  regulate  the 
maximum  hours  of  labor  for  women  employed  in  laundries,  which 


CONSTITUTIONAL  ASPECTS.  267 

service  is  not  necessarily  an  occupation  which  in  itself  is  detri- 
mental to  health,  reasoning  by  analogy  it  would  follow  as  a  rea- 
sonable conclusion  that  such  regulation  might  be  lawfully  applied 
to  all  occupations  of  women,  and,  more  certainly,  the  occupations 
of  minors.  Assuming  this  proposition  to  be  true  when  applied 
to  the  regulation  of  the  maximum  hours  of  labor,  it  would  also 
be  true  when  applied  to  the  same  class  limiting  the  minimum 
wage,  unless  there  is  a  sound  reason  that  distinguishes  the  one 
from  the  other. 

"  To  make  effective  a  law  fixing  maximum  hours  of  labor,  it  may 
become  necessary  to  have  a  law  fixing  a  minimum  wage.  The 
two  are  inseparably  linked  together.  This  is  especially  true  in 
the  case  of  the  employment  of  women  and  children,  for  the  reason 
that  the  occupations  in  which  they  may  be  usefully  employed  are 
necessarily  limited,  while  the  number  seeking  such  employment  is 
necessarily  large.  The  two  laws  are  necessary  complements  of 
each  other,  and  go  to  the  same  effect,  and  to  secure  the  same  end. 
If  the  law  regulating  the  number  of  hours  of  labor  for  women 
and  minors  is  within  the  police  power  and  constitutional,  a  law 
fixing  a  minimum  wage  is  also  within  the  police  power. 

"  The  purpose  of  the  act  in  limiting  the  maximum  hours  of  labor 
and  the  minimum  wage  for  women,  is  evidently  the  same,  viz.,  to 
preserve  and  conserve  their  health  and  morals.  Is  the  preserva- 
tion and  conservation  of  the  health  and  morals  of  women  workers 
a  public  concern,  or  is  it  merely  a  matter  that  concerns  the  indi- 
viduals employed?  If  the  enactment  is  for  the  public  health, 
peace,  morality  and  general  welfare  it  falls  within  the  police 
power  of  the  state  to  regulate.  The  complexity  and  intimate  rela- 
tions of  our  present  day  civilization  are  such  that  there  is  a  neces- 
sary dependency  of  the  public  welfare  upon  the  health,  morality 
and  vigor  of  our  women  and  children,  when  considered  from 
physiological,  sociological  and  moral  standpoints.  The  women 
are  and  are  to  be  the  mothers  of  our  future  citizens,  and  the  chil- 
dren of  to-day  will  be  the  citizens  of  to-morrow  and  when  any 
considerable  number  of  them  are  employed  at  wages  which  reduce 
them  to  beggary  or  denies  a  sufficient  compensation  to  preserve 
health,  the  insufficiency  of  such  wages  becomes  a  powerful  factor 


268         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

in  determining  the  social,  moral  and  physical  status  of  the  body 

politic  and  is  a  matter  of  public  concern." 

Opinion  of  Judge  T.  J.  Cleeton,  in  the  case  of  Frank  C. 
Stettler  vs.  Edwin  Y.  O'Hara,  Bertha  Moores,  and 
Amedee  M.  Smith,  constituting  the  Industrial  Wel- 
fare Commission  of  the  State  of  Oregon.  (Oregon 
Circuit  Court,  County  of  Multnomah,  November  7, 
1913. 

LAW     A     PROGRESSIVE     SCIENCE     AND     ADAPTABLE     TO     NEW 

CONDITIONS. 

29  Wash.  602 :  "  Law  is,  or  ought  to  be,  a  progressive  science. 
While  the  principles  of  justice  are  immutable,  changing  condi- 
tions of  society  and  the  evolution  of  employment  make  a  change 
in  the  application  of  principles  absolutely  necessary  to  an  intelli- 
gent administration  of  government.  Transportation  companies 
arc  now  restricted,  where  a  few  years  ago  they  claimed  the  right 
to  transact  their  business  exactly  as  it  suited  their  private 
interests.  *  *  * " 

Slaughter  House  Cases,  16  Wall.  97 :  "  Law  is,  to  a  certain 
extent,  a  progressive  science  *  certain  other  classes  of 

persons,  particularly  those  engaged  in  dangerous  or  unhealthful 
occupations,  have  been  found  to  be  in  need  of  additional  protec- 
tion. Law  will  be  forced  to  adapt  itself  to  new  condi- 
tions of  society,  and  particularly  to  new  relations  between  em- 
ployers and  employees  as  they  arise." 

Brief  for  a  Proposed  Wage  Law  for  Wisconsin,  prepared 
under  the  direction  of  J.  R.  Commons. 


OKK<;<>.\   STPKK.MK  Conn-    DECISION. 


2(51) 


APPENDIX   A. 


DECISION  OF  OREGON  SUPKEME  COURT   UPHOLD- 
ING   MINIMUM    WAGE    LAW. 


IN  THE  SUPREME  COURT  OF  THE  STATE  OF  OREGON 
IN  BANG. 


FRANK  C.  STETTLER, 


Appellant, 


vs. 


EDWIN  V.  O'HARA,  BERTHA  MOORES  and 
AMEDEE  M.  SMITH,  constituting  the  In- 
dustrial Welfare  Commission  of  the  State 
of  Oregon, 

Respondents. 

Affirmed  March  17,  1914. 

Appeal  from  the  Circuit  Court  for  Multnomah  county.  Hon. 
T.  J.  Cleeton,  Judge.  Argued  and  submitted,  February  9,  1914. 

STATEMENT. 

This  is  a  suit  instituted  by  the  appellant,  plaintiff  ~below,  against 
the  respondents,  defendants  below,  to  restrain  the  defendants,  who 
constitute  the  Industrial  Welfare  Commission,  from  enforcing  a 
certain  order  passed  by  such  Commission. 

The  plaintiff  is  engaged  in  the  manufacture  of  paper  boxes  in 
the  city  of  Portland,  and  on  the  10th  day  of  September, 


270         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

1913,  said  Commission  adopted  an  order  whereby  it  is  required 
that  no  person  operating  any  manufacturing  establishment  in  the 
city  of  Portland  shall  employ  any  women  in  such  establishment 
for  more  than  nine  hours  a  day  or  employ  any  experienced  adult 
women  worker  at  a  weekly  wage  of  less  than  $5.&4.(1). 

DECISION. 

On  February  17,  1913,  the  legislative  assembly  passed  an  act 
entitled : 

"  To  protect  the  lives  and  health  and  morals  of  women  and 
minor  workers,  and  to  establish  an  Industrial  Welfare  Com- 
mission and  define  its  powers  and  duties,  and  to  provide  for 
the  fixing  of  minimum  wages  and  maximum  hours  and  stand- 
ard conditions  of  labor  for  such  workers,  and  to  provide  pen- 
alties for  violation  of  this  act." 

The  title  is  followed  by  a  declaration  of  the  evils  that  it  is  de- 
sired to  remedy  as  follows: 

"  Whereas,  the  welfare  of  the  state  of  Oregon  requires  that 
women  and  minors  should  be  protected  from  conditions  of 
labor  which  have  a  pernicious  effect  on  their  health  and 
morals,  and  inadequate  wages  and  unduly  long  hours  and  un- 
sanitary conditions  of  labor  have  such  a  pernicious  effect; 
therefore,  be  it  enacted  by  the  people  of  the  state  of  Oregon." 

The  first  section  provides : 

."It  shall  be  unlawful  to  employ  women  or  minors  in  any 
occupation  within  the  state  of  Oregon  for  unreasonably  long 
hours;  and  it  shall  be  unlawful  to  employ  women  or  minors 
in  any  occupation  within  the  state  of  Oregon  under  such  sur- 
roundings or  conditions  —  sanitary  or  otherwise  —  as  may 
be  detrimental  to  their  health  or  morals;  and  it  shall  be  un- 
lawful to  employ  women  in  any  occupation  within  the  state 
of  Oregon  for  wages  which  are  inadequate  to  supply  the  neces- 
sary cost  of  living,  and  to  maintain  them  in  health;  and  it 
shall  be  unlawful  to  employ  minors  in  any  occupation  within 
the  state  of  Oregon  for  unreasonably  low  wages." 

(1)  Taken  from  appellant's  brief. 


OREGON  SUPREME  COURT  DECISION.  271 

Then  follows  the  creation  of  the  commission  under  the  name  of 
the  "  Industrial  Welfare  Commission/7  to  be  appointed  by  the 
Governor,  and  provisions  denning  its  duties.  Section  4  provides: 

"  Said  commission  is  hereby  authorized  and  empowered  to 
ascertain  and  declare,  in  the  manner  hereinafter  provided, 
the  following  things :  (a)  Standards  of  hours  of  employment 
for  women  or  for  minors  and  what  are  unreasonably  long 
hours  for  women  or  for  minors  in  any  occupation  within  the 
state  of  Oregon;  (b)  standards  of  conditions  of  labor  for 
women  or  for  minors  in  any  occupation  within  the  state  of 
Oregon  and  what  surroundings  or  conditions  —  sanitary  or 
otherwise  —  are  detrimental  to  the  health  or  morals  of  women 
or  of  minors  in  any  such  occupation;  (c)  standards  of  mini- 
mum wages  for  women  in  any  occupation  within  the  state  of 
Oregon  and  what  wages  are  inadequate  to  supply  the  neces- 
sary cost  of  living  to  any  such  women  workers  and  to  main- 
tain them  in  good  health;,  and  (d)  standards  of  minimum 
wages  for  minors  in  any  occupation  within  the  state  of  Oregon 
and  what  wages  are  unreasonably  low  for  any  such  minor 
workers." 

Section  8  provides  among  other  things  that  the 

"  Commission  may  call  and  convene  a  conference  for  the 
purpose  and  with  the  powers  of  considering  and  inquiring 
into  and  reporting  on  the  subject  investigated  by  said  commis- 
sion and  submitted  by  it  to  such  conference.  Such  conference 
shall  be  composed  of  not  more  than  three  representatives  of  the 
employers  in  said  occupation  and  of  an  equal  number  of  the 
representatives  of  the  employees  in  said  occupation  and  of 
not  more  than  three  disinterested  persons  representing  the 
public  and  of  one  or  more  commissioners," 

and  the  duties  of  such  conference,  which  shall  report  the  result 
of  its  investigations  with  recommendations  to  the  commission. 
Section  9  provides  that  upon  the  receipt  of  the  report  from  the 
conference,  and  the  approval  of  its  recommendations,  the  commis- 
sion may  make  and  render  such  order  as  may  be  proper  or  neces- 
sary to  adopt  such  recommendations  and  to  carry  the  same  into 


272          Ari'Exiux  111  —  Mix j MUM  WAGE  LEGISLATION. 

effect  and  require  all  employers  in  the  occupation  affected  thereby 
to  observe  and  comply  with  such  recommendations  and  said  order. 
The  act  contains  other  provisions  giving  the  commission  and  con- 
ference power  and  authority  to  investigate  the  matters  being  con- 
sidered, and  that  from  the  matters  so  determined  by  the  commis- 
sion there  shall  be  no  appeal  on  any  question  of  fact ;  but  that  there 
shall  be  a  right  of  appeal  from  the  commission  to  the  Circuit  Court 
from  any  ruling  or  holding  on  a  question  of  law  included  or  em- 
bodied in  any  decision  or  order  by  the  commission,  and  from  the 
Circuit  Court  to  the  Supreme  Court.  The  defendants  were  duly 
appointed  by  the  Governor  as  such  -commission.  It  thereafter 
called  a  conference  as  provided,  which  reported  to  the  commission, 
making  certain  recommendations,  which  were  approved ;  and  based 
upon  such  recommendations  it  made  the  following  order : 

"  The  Industrial  Welfare  Commission  of  the  state  of  Ore- 
gon hereby  orders  that  no  person,  firm,  corporation,  or  asso- 
ciation owning  or  operating  any  manufacturing  establishment 
in  the  city  of  Portland,  Oregon,  shall  employ  women  in  said 
establishment  for  more  than  nine  hours  a  day,  or  fifty*  hours 
a  week;  or  fix,  allow,  or  permit  for  any  woman  employee  in 
said  establishment  a  noon  lunch  period  of  less  than  forty-five 
minutes  in  length;  or  employ  any  experienced  adult  woman 
worker,  paid  by  time  rates  of  payment,  in  said  establishment 
at  a  weekly  wage  of  less  than  $8.64,  any  lesser  amount  being 
hereby  declared  inadequate  to  supply  the  necessary  cost  of 
living  to  such  woman  factory  workers  and  to  maintain  them 
in  health." 

The  amended  complaint  sets  out  all  these  matters  in  greater 
detail,  to  which  the  defendants  demurred  on  various  grounds,  the 
first  of  which  raises  the  questions  here  discussed,  namely,  that 

"it  does  not  state  facts  showing  that  the  act  and  order  com- 
plained of  is  an  unreasonable  exercise  of  the  police  power  of 
the  state." 

*  Should  read  "  fifty-four  "  —  Error  in  pleadings. 


OJ;K<;<>.\    Sn-KK.M  K   Conn1    I)i:<  ismx.  273 

The  demurrer  was  sustaineed,  and  the  plaintiff  elected  to  stand 
on  the  amended  complaint.  Judgment  was  rendered  dismissing 
the  suit,  and  the  plaintiff  appeals. 

EAKIX,  J. : 

The  purpose  of  this  suit  is  to  have  determined  judicially  whether 
either  the  fourteenth  amendment  of  the  federal  constitution,  or 
Section  20,  Article  I,  of  the  Oregon  Constitution  is  an  inhibition 
against  the  regulation  by  the  legislature  of  the  hours  of  labor 
during  which  women  may  be  employed  in  any  mechanical  or  man- 
ufacturing establishment,  mercantile  occupation,  or  other  employ- 
ment requiring  continuous  physical  labor :  or  against  the  estab- 
lishment of  a  minimum  wage  to  be  paid  therefor.  Some  features 
of  these  questions  are  practically  new  in  the  courts  of  this  country. 
There  have  been  some  utterances  by  the  courts  of  last  resort  to 
the  effect  that  it  is  such  an  inhibition.  Some  of  these  cases  relate 
exclusively  to  the  limitation  of  the  hours  of  employment,  others 
to  the  wages  to  be  paid  on  contracts  with  the  state  or  municipality ; 
but  the  cases  so  holding  are  based  largely  on  the  fact  that  such 
regulation  deprives  the  individual  of  liberty  and  property  with- 
out due  process  of  law,  namely,  that  it  is  not  within  the  police 
power  of  the  state  and  violates  the  liberty  of  contract.  The  first 
case  holding  such  a  statute  unconstitutional  is  Lochner  vs.  New 
York,  198  U.  S.  45,  Sup.  Ct.  539,  49  L.  Ed.  937,  annotated  in  3 
Ann.  Cas.  1133.  A  similar  case  is  Eitchie  vs.  People,  155  111.  98. 
40  K  E.  454,  29  L.  E.  A.  79,  46  Am.  St.  Eep.  315.  In  the  for- 
mer case,  in  the  Appellate  Division  of  the  State  Court  two  of  five 
judges  were  in  favor  of  upholding  the  law ;  in  the  Supreme  Court 
of  the  State  three  of  the  seven  judges  were  so  minded;  and  in  the 
United  States  Court  four  of  the  nine  judges  favored  such  a  dis- 
position of  the  case.  The  opinions  in  those  decisions  are  based 
upon  different  theories,  showing  that  judicial  opinion  has  not 
reached  any  settled  or  stable  basis  upon  which  to  rest.  It  has  only 
been  during  the  last  few  years  that  the  matter  of  legislation  upon 
the  question  of  the  limitation  of  hours  of  labor  has  been  agitated 
in  legislative  bodies  or  in  the  courts.  The  decisions  of  the  courts 
have  been  based  upon  first  impression  and  may  be  liable  to  flue- 


274         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

tuation  from  one  extreme  to  the  other  before  the  extent  of  the 
power  of  legislation  on  these  questions  is  finally  settled.  The  en- 
tiy  of  woman  into  the  realm  of  many  of  the  employments  formerly 
filled  by  man,  in  which  she  attempts  to  compete  with  him,  is  a 
recent  innovation ;  and  it  has  created  a  condition  which  the  legis- 
latures have  deemed  it  their  duty  to  investigate  and  to  some  ex- 
tent govern.  It  is  conceded  by  all  students  of  the  subject,  and 
they  are  many  and  their  writings  extensive,  that  woman's  physical 
structure  and  her  position  in  the  economy  of  the  race  renders  her 
incapable  of  competing  with  man  either  in  strength  or  endurance. 
This  is  well-emphasized  by  Justice  Brewer  in  Muller  vs.  Oregon, 
208  U.  S.  412,  28  Sup.  Ct,  324,  52  L.  Ed.  13  Ann.  Gas.  957,  an 
appeal  from  Oregon  questioning  the  constitutionality  of  the  law 
fixing  the  maximum  hours  of  labor  for  women,  where  he  says : 

"  That  woman's  physical  structure  and  the  performance  of 
maternal  functions  place  her  at  a  disadvantage  in  the  struggle 
for  subsistence  is  obvious.  This  is  especially  true  when  the 
burdens  of  motherhood  are  upon  her.  Even  when  they  are 
not,  by  abundant  testimony  of  the  medical  fraternity,  con- 
tinuance for  a  long  time  on  her  feet  at  work,  repeating  this 
from  day  to  day,  tends  to  injurious  effects  upon  the  body, 
and  as  healthy  mothers  are  essential  to  vigorous  offspring,  the 
physical  wellbeing  of  woman  becomes  an  object  of  public 
interest  and  care  in  order  to  preserve  the  strength  and  vigor 
of  the  race.  Still,  again,  history  discloses  the  fact  that  woman 
has  always  been  dependent  upon  man.  He  established  his 
control  at  the  outset  by  superior  physical  strength,  and  this 
control  in  various  forms,  with  diminishing  intensity,  has  con- 
tinued to  the  present.  As  minors,  though  not  to  the  same  ex- 
tent, she  has  been  looked  upon  in  the  courts  as  needing  es- 
pecial care  that  her  rights  may  be  preserved.  Dif- 
ferentiated by  these  matters  from  the  other  sex,  she  is  properly 
placed  in  a  class  by  herself,  and  legislation  designed  for  her 
protection  may  be  sustained,  even  when  like  legislation  is 
not  necessary  for  men  and  could  not  be  sustained.  It  is  im- 
possible to  close  one's  eyes  to  the  fact  that  she  still  looks  to 
her  brother  and  depends  upon  him.  *  that  her  phys- 


OREGON  SUPREME  COURT  DECISION.  275 

ical  structure  and  a  proper  discharge  of  her  maternal  func- 
tions —  having  in  view  not  merely  her  own  health,  but  the 
wellbeing  of  the  race  —  justify  legislation  to  protect  her  from 
the  greed  as  well  as  the  passion  of  man.  The  limitations 
which  this  statute  places  upon  her  contractual  powers,  upon 
her  right  to  agree  with  her  employer  as  to  the  time  she  shall 
labor,  are  not  imposed  solely  for  her  benefit,  but  also  largely 
for  the  benefit  of  all.  Many  words  cannot  make  this  plainer. 
*  *  *  This  difference  justifies  a  difference  in  legislation 
and  upholds  that  which  is  designed  to  compensate  for  some 
of  the  burdens  which  rest  upon  her." 

The  conditions  mentioned  in  the  above  quotation  lie  at  the  foun- 
dation of  all  legislation  attempted  for  the  amelioration  of  woman's 
condition  in  her  struggle  for  subsistence.  In  many  states  as  well 
as  in  foreign  countries  special  study  and  investigation  have  been 
given  to  this  question  as  to  the  effect  of  long  hours  of  labor  and 
inadequate  wages  upon  the  health,  morals,  and  welfare  of  woman, 
with  a  view  to  remedy  the  evil  results  as  far  as  possible.'  There 
seems  to  be  a  very  strong  and  growing  sentiment  throughout  the 
land,  and  a  demand  that  something  must  be  done  by  law  to  coun- 
teract the  evil  effects  of  these  conditions.  In  the  case  of  Lochner 
vs.  New  York,  supra,  in  which  the  constitutionality  of  the  labor 
law  of  ]is"ew  York,  limiting  the  hours  of  labor  in  bakeries,  is  ques- 
tioned Justice  Peckham  wrote  the  opinion  holding  the  law  invalid. 
Justice  Harlan  filed  a  dissenting  opnion  which  should  not  be  over- 
looked as  the  parts  here  quoted  are  general  statements  of  the  law 
recognized  by  judicial  opinion  and  not  in  conflict  with  the  main 
opinion.  Justices  White  and  Day  concurred  therein;  Justice 
Holmes  also  dissenting.  In  that  opinion  it  is  said: 

"  While  this  court  has  not  attempted  to  mark  the  precise 
boundaries  of  what  is  called  the  police  power  of  the  state,  the 
existence  of  the  power  has  been  uniformly  recognized,  both 
by  the  federal  and  state  courts.7' 

In  quoting  from  Patterson  vs.  Kentucky,  97  U.  S.  501,  he  says: 

"  It  (this  court)  has  nevertheless  with  marked  distinctness 
and  uniformity,  recognized  the  necessity,  growing  out  of  the 


276          APPENDIX  III -- AI  IM.MI  ,M    WAGE  LEGISLATION. 

fundamental  conditions  of  civil  society,  of  upholding  state 
police  regulations  which  were  enacted  in  good  faith,  and  had 
appropriate  and  direct  connection  with  that  protection  of  life, 
health  and  property  which  each  state  owes  to  her  citizens. 
But  neither  the  (14th)  amendment  —  broad  and  comprehen- 
sive as  it  is  —  nor  any  other  amendment  was  designed  to  in- 
terfere with  the  power  of  the  state,  sometimes  termed  its 
police  power,  to  prescribe  regulations  to  promote  the  health, 
peace,  morals,  education,  and  good  order  of  the  people.  * 
Granting  then  that  there  is  a  liberty  of  contract  which  cannot 
be  violated  even  under  the  sanction  of  direct  legislative  en- 
actment, but  assuming,  as  according  to  settled  law  we  may 
assume,  that  such  liberty  of  contract  is  subject  to  such  regula- 
tions as  the  state  may  reasonably  prescribe  for  the  common 
good  and  wellbeing  of  society,  what  are  the  conditions  under 
which  the  judiciary  may  declare  such  regulations  to  be  in 
excess  of  legislative  authority  and  void  ?  Upon  this  point 
there  is  no  room  for  dispute;  for,  the  rule  is  universal  that  a 
legislative  enactment,  federal  or  state,  is  never  to  be  dis- 
regarded or  held  invalid  unless  it  be,  beyond  question,  plainly 
and  palpably  in  excess  of  legislative  power." 

The  opinion  of  the  justices  who  hold  the  maximum  hours  laws 
unconstitutional  are  based  largely  upon  the  fact  that  they  violate  the 
liberty  of  contract;  holding  that  such  acts  are  not  within  the  fair 
meaning  of  the  term  "  a  health  law,"  but  are  not  an  illegal  inter- 
ference with  the  rights  of  the  individual  and  are  not  within  the 
police  power  of  the  legislature  to  enact.  The  right  of  the  state  to 
prescribe  the 'number  of  hours  one  may  work  or  be  employed  on 
public  works  is  generally  upheld  for  the  reason  that  the  state  may 
determine  for  itself  what  shall  constitute  a  day's  work  of  a  laborer 
on  public  works,  which  violates  no  individual  right  of  property  or 
liberty  of  contract.  Penn.  Bridge  Co.  vs.  United  States,  29  App. 
Cas.  (D.  C.)  452,  10  Ann.  Gas.  720;  Byars  vs.  State,  2  Okla. 
Grim.  481,  102  Pac.  804,  22  Ann.  Gas,  765 ;  People  vs.  Chicago, 
256  111.  558,  100  K  E.  194,  30  Ann.  Cas.  304.  So  it  is  held  that 
work  underground  or  in  a  smelter  is  unhealthy  and  may  be  regu- 
lated in  ex  parte  Boyce,  27  Nev.  299,  75  Pac.  1,  65  L.  E.  A.  47,  1 


OKK<;<>.\   Si  IMJK.MK  Conrr  DECISION.  277 

Ann.  Cas.  06;  Holdeu  vs.  Hardy,  169  II.  S.  366;  ex  parte  Kair, 
28  Nov.  127,  425,  80  Pac.  463,  82  Pac.  453,  6  Ann.  Cas.  893. 
In  the  Lochner  case,  supra,  employment  in  a  bakery  and  candy 
factory  is  held  not  to  be  unhealthy,  and  that  a  statute  limiting  the 
hours  of  labor  therein  is  void.  A  statute  fixing  the  hours  of  labor 
for  women  is  held  valid  in  State  vs.  Muller,  48  Or.  252,  85  Pac. 
855,  120  Am.  St.  Rep.  205,  annotated  in  11  Ann.  Cas.  88,  which 
case  is  affirmed  in  208  U.  S.  412  and  annotated  in  13  Ann.  Cas. 
957.  In  Ritchie  vs.  People,  supra,  the  law  limiting  hours  of  work 
for  women  was  held  void.  However  in  Ritchie  &  Co.  vs.  Wayman, 
244  111.  509,  91  1ST.  E.  695,  27  L.  R.  A.  (N.  S.)  994,  such  a  law 
was  held  valid  as  within  the  police  power  of  the  legislature;  and, 
again,  in  People  vs.  Chicago,  supra,  and  in  People  vs.  Elerding, 
254  111.  579,  92  K  E.  982,  the  law  was  upheld.  Thus  it  appears 
that  Illinois  has  wholly  receded  from  the  decision  in  the  case  of 
Ritchie  vs.  People,  supra,  and  it  may  be  now  considered  as  estab- 
lished that  a  statute  which  limits  the  hours  of  labor  of  certain  oc- 
cupations or  for  certain  classes  of  persons  for  the  protection  of  the 
health  and  welfare  of  society  is  within  the  police  power  of  the 
state.  Commonwealth  vs.  Riley,  210  Mass,  387,  97  N.  E.  367, 
25  Ann.  Cas.  388 ;  State  vs.  Somerville,  67  Wn.  638,  122  Pac. 
324.  It  was  said  in  People  vs.  Elerding,  supra,  wherein  a  statute 
limiting  the  working  hours  per  day  for  males  was  held  unconstitu- 
tional as  a  valid  exercise  of  the  police  power: 

"  That  under  the  police  power  of  the  state  the  general  as- 
sembly may  enact  legislation  to  prohibit  all  things  hurtful 
to  the  health,  welfare,  and  safety  of  society,  even  though  the 
prohibition  invade  the  right  of  liberty  or  property  of  the  in- 
dividual, is  too  well-settled  to  require  discussion  or  the  cita- 
tion of  authority.  *  *  *  While  in  its  last  analysis  it  is  a 
question  whether  an  act  is  a  proper  exercise  of  the  police 
power,  it  is  the  province  of  the  legislature  to  determine  when 
an  exigency  exists  calling  for  the  exercise  of  this  power.  When 
are  legislative  authority  has  decided  an  exigency  exists  call- 
ing for  the  exercise  of  the  power  and  has  adopted  an  act  to 
meet  the  emergency,  the  presumption  is  that  it  is  a  valid  en- 
actment, and  the  courts  will  sustain  it  unless  it  appears,  be- 


278         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

yond  any  reasonable  doubt,  that  it  is  in  violation  of  some  con- 
stitutional limitation." 

On  the  same  subject  it  is  said  in  Lochner  vs.  New  York,  supra, 
quoting  from  Jacobson  vs.  Massachusetts,  197  U.  S.  11,  25  Sup. 
Ct.  358,  48  L.  Ed.  643,  relating  to  the  vaccination  statute,  that 

"  the  power  of  the  courts  to  review  legislative  action  in  re- 
spect of  a  matter  affecting  the  general  welfare  exists  only 
'  when  that  which  the  legislature  has  done  comes  within  the 
rule  that  if  a  statute,  purporting  to  have  been  enacted  to  pro- 
tect the  public  health,  the  public  morals,  or  the  public  safety, 
has  no  real  or  substantial  relation  to  those  objects,  or  is  be- 
yond all  question  a  plain,  palpable  invasion  of  rights  secured 
by  the  fundamental  law.7  *  *  *  If  there  be  doubt  as  to 
the  validity  of  the  statute,  that  doubt  must  therefore  be  re- 
solved in  favor  of  its  validity,  and  the  courts  must  keep  their 
hands  off,  leaving  the  legislature  to  meet  the  responsibility 
for  unwise  legislation." 

In  re  Spencer,  149  Gal.  396,  9  Ann.  Gas.  1105,  it  is  said: 

"  The  presumption  always  is  that  an  act  of  the  legislature 
is  constitutional,  and  when  this  depends  upon  the  existence 
or  non-existence  of  some  fact,  or  state  of  facts,  the  determina- 
tion thereof  is  primarily  for  the  legislature,  and  the  courts 
will  acquiesce  in  its  decision,  unless  the  error  clearly  ap- 
pears." 

The  legislative  power  of  the  state  is  not  derived  by  grant  of  the 
constitution,  but  exists  as  to  all  subjects  not  inhibited  by  the  state 
or  federal  constitution. 

There  is  only  one  federal  inhibition  urged  against  this  statute, 
namely : 

"  No  state  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  the  citizens  of  the 
United  States,  nor  shall  any  state  deprive  any  person  of  life, 
liberty  or  property  without  due  process  of  law,  or  deny  to 
any  person  within  its  jurisdiction  an  equal  protection  of  the 
law." 


OREGON  SUPREME  COURT  DECISION.  2Y9 

Fourteenth  amendment.  It  may  probably  be  conceded  that  the 
public  welfare  statute  in  question  here  violates  this  clause  as 
abridging  privileges  of  citizens  if  it  cannot  be  justified  as  a  police 
measure;  and  we  will  assume,  without  entering  into  a  discussion 
of  that  question  or  citation  of  authorities,  that  provisions  enacted 
by  the  state  under  its  police  power  that  have  for  their  purpose 
the  protection  or  betterment  of  the  public  health,  morals,  peace, 
and  welfare,  and  reasonably  tend  to  that  end,  are  withim  the  power 
of  the  state  notwithstanding  that  they  may  apparently  conflict  with 
the  fourteenth  amendment  of  the  federal  constitution. 

So  that  the  first  and  principal  question  for  decision  is  whether 
the  provisions  of  the  act  before  us  are  within  the  police  power  of 
the  state.  Professor  Tucker,  in  8  Cyc.  863,  says: 

"  Police  power  is  the  name  given  to  the  inherent  sovereignty 
which  it  is  the  right  and  duty  of  the  government  or  its  agents 
to  exercise  whenever  public  policy,  in  a  broad  sense,  demands, 
for  the  benefit  of  society  at  large,  regulations  to  guard  its 
morals,  safety,  health,  order,  or  to  insure  in  any  respect  such 
economic  conditions  as  an  advancing  civilization  of  a  highly 
complex  character  requires.7' 

This  is  a  comprehensive  definition,  and  we  will  accept  it  with- 
out further  detailed  analysis  or  citation  of  authority.  As  will  appear 
from  the  cases  cited  above  we  can  accept  as  settled  law  statutes 
having  for  their  purpose  and  tending  to  that  end  provision  for  a 
maximum  hours  law  of  labor  for  employees  upon  public  works,  a 
i>iaximum  hours  law  for  women  and  children  employed  in  mechan- 
ical, mercantile,  or  manufacturing  establishments,  a  maximum 
hours  law  for  laborers  in  mines  or  smelters,  a  law  fixing  minimum 
wages  for  employees  upon  public  works.  The  latter  is  held  in 
Malette  vs.  Spokane  (Wash.)  137"  Pac.  500,  even  where  the  ex- 
pense is  borne  by  private  individuals,  so  that  the  only  question  for 
decision  here  is  as  to  the  power  of  the  legislature  to  fix  a  minimum 
wage  in  such  a  case.  We  use  the  language  of  Mr.  Malarkey : 

"  The  police  power,  which  is  another  name  for  the  power  of 
government,  is  as  old  and  unchanging  as  government  itself. 
If  its  existence  be  destroyed  government  ceases.  There  have 


280         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

been  many  attempts  to  define  the  police  power  and  its  scope ; 
but  because  of  confusing  the  power  itself  with  the  changing 
conditions  calling  for  its  application,  many  definitions  are 
inexact  and  unsatisfactory.  The  courts  have  latterly  elimi- 
nated much  of  this  confusion  by  pointing  out  that,  instead  of 
the  power  being  expanded  to  apply  to  new  conditions,  the  new 
conditions  are,  as  they  arise,  brought  within  the  immutable 
and  unchanging  principles  underlying  the  power.  When  new 
conditions  arise  which  injuriously  affect  the  health  or  morals 
or  welfare  of  the  public,  we  no  longer  say  that  we  will  expand 
the  police  power  to  reach  and  remedy  the  evil.  Instead  v,o 
say  that  a  new  evil  has  arisen  which  an  old  principle  of  gov- 
ment  —  the  police  power  —  will  correct.57 

If  the  statute  tends  reasonably  to  accomplish  the  purposes  in- 
tended by  the  legislature,  it  should  be  upheld  by  the  court.  Jus- 
tice Harlan,  in  Jacobson  vs.  Massachusetts,  supra,  quoting  from 
Viemeister  vs.  White,  1.91  IT.  S.  223,  states: 

"A  common  belief,  like  common  knowledge,  does  not  re- 
quire evidence  to  establish  its  existence,  but  may  be  acted 
upon  without  proof  by  the  legislature  and  the  courts.  The 
fact  that  the  belief  is  not  universal  is  not  controlling,  for 
there  is  scarce  any  belief  that  is  accepted  by  everyone.  The 
possibility  that  the  belief  may  be  wrong,  and  that  science 
may  yet  show  it  to  be  wrong,  is  not  conclusive ;  for  the  legis- 
lature has  the  right  to  pass  laws,  which,  according  to  the 
common  belief  of  the  people,  are  adapted  to  prevent  the  spread 
of  contagious  diseases.  In  a  free  country,  where  the  govern- 
ment is  by  the  people,  through  their  chosen  representatives, 
practical  legislation  admits  of  no  other  standard  of  action; 
for  what  the  people  believe  is  for  the  common  welfare,  must 
be  accepted  as  tending  to  promote  the  common  welfare, 
whether  it  does  in  fact  or  not.  Any  other  basis  would  con- 
flict with  the  spirit  of  the  constitution,  and  would  sanction 
measures  opposed  to  a  republican  form  of  government.  While 
we  do  not  decide  and  cannot  decide  that  vaccination  is  a  pre- 
ventative  of  smallpox,  we  take  judicial  notice  of  the  fact  that 
this  is  the  common  belief  of  the  people  of  the  state,  and  with 


Oi,'K(;oN   SUPREME  ('OTRT   DECISION.  281 

this  fact  as  a  common  foundation  wo  hold  that  the  statute  in 
question  is  a  health  law,  enacted  in  a  reasonable  and  proper 
exercise  of  the  police  power/' 

In  speaking  of  the  Oregon  ten-hour  law,  Chief  Justice  Bean,  in 
the  case  of  Stnti  vs.  Muller,  supra,  says : 

'"'  Such  legislation  must  he  taken  as  expressing  the  belief  of 
the  legislature,  and  through  it  of  the  people,  that  the  labor  of 
females  in  such  establishments  in  excess  of  10  hours  in  any 
one  day  is  detrimental  to  health  and  injuriously  affects  the 
public  welfare.  The  only  question  for  the  court  is  whether 
such  regulation  or  limitation  has  any  real  or  substantial  rela- 
tion to  the  object  sought  to  be  accomplished,  or  whether  it  is  so 
'  utterly  unreasonable  and  extravagant '  as  to  amount  to  a 
mere  arbitrary  interference  with  the  right  of  contract.  On 
this  question  we  are  not  without  authority." 

These  are  some  of  the  grounds  upon  which  maximum  ten  hours 
laws  are  sustained,  and  we  have  cited  them  here  as  applying  with 
equal  force  to  sustain  the  women's  minimum  wage  law  and  as 
bringing  it  within  the  police  power  of  the  legislature.  The  state 
should  be  as  zealous  of  the  morals  of  its  citizens  as  of  their  health. 
The  "  whereas  clause  "  quoted  above  is  a  statement  of  the  facts  or 
conclusions  constituting  the  necessity  for  the  enactment,  and  the 
act  proceeds  to  make  provision  to  remedy  these  causes.  "  Com- 
mon belief"  and  "  common  knowledge  "  are  sufficient  to  make  it 
palpable  and  beyond  doubt  that  the  employment  of  female  labor 
as  it  has  been  conducted  is  highly  detrimental  to  public  morals 
and  has  a  strong  tendency  to  corrupt  them.  Elizabeth  Beardsley 
Butler  in  her  "  Women  of  the  Trades  "  says : 

"  Yet  the  fact  remains  that,  for  the  vast  bulk  of  salesgirls, 
the  wages  paid  are  not  sufficient  for  self-support;  and  where 
girls  do  not  have  families  to  fall  back  on,  some  go  under- 
nourished and  some  sell  themselves.  And  the  store-employ- 
ment which  offers  them  this  two-horned  dilemma  is  replete 
with  opportunities  which  in  gradual,  easy,  attractive  ways 
beckon  to  the  second  choice ;  a  situation  which  few  employers 
not  only  seem  to  tolerate,  but  to  encourage." 


282         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

The  legislature  of  the  state  of  Massachusetts  appointed  a  com- 
mission known  as  the  Commission  on  Minimum  Wage  Boards  to 
investigate  conditions.  In  the  report  of  that  commission  in 
January,  1912,  it  said: 

"  Women  in  general  are  working  because  of  dire  necessity, 
and  in  most  cases  the  combined  income  of  the  family  is  not 
more  than  adequate  to  meet  the  family's  cost  of  living.  In 
these  cases  it  is  not  optional  with  the  woman  to  decline  the 
low-paid  employment.  Every  dollar  added  to  the  family  in- 
come is  needed  to  lighten  the  burden  which  the  rest  are  car- 
rying. Wherever  the  wages  of  such  women  are 
less  than  the  cost  of  living  and  the  reasonable  provision  for 
maintaining  the  worker  in  health,  the  industry  employing  her 
is  in  receipt  of  the  working  energy  of  a  human  being  at  less 
than  its  cost,  and  to  that  extent  is  parasitic.  The  balance 
must  be  made  up  in  some  way.  It  is  generally  paid  by  the 
industry  employing  the  father.  It  is  sometimes  paid  in  part 
by  the  future  inefficiency  of  the  worker  herself  and  by  her 
children,  and  perhaps  in  part  ultimately  by  charity  and  the 
state.  *  *  *  If  an  industry  is  permanently  dependent 
for  its  existence  on  underpaid  labor,  its  value  to  the  Common- 
wealth is  questionable." 

Many  more  citations  might  be  made  from  the  same  authorities 
and  from  such  students  of  the  question  as  Miss  Caroline  Gleason, 
of  Portland,  Oregon;  Louise  B.  More,  of  New  York;  Irene  Os- 
good,  of  Milwaukee,  and  Robert  C.  Chapin,  of  Beloit  College. 
With  this  common  belief,  of  which  Justice  Harlan  says  "  we  take 
judicial  notice,"  the  court  cannot  say,  beyond  all  question,  that  the 
act  is  a  plain,  palpable  invasion  of  rights  secured  by  the  fun- 
damental law,  and  has  no  real  or  substantial  relation  to  the  pro- 
tection of  public  health,  the  public  morals,  or  public  welfare. 
Every  argument  put  forward  to  sustain  the  maximum  hours  law 
or  upon  which  it  was  established  applies  equally  in  favor  of  the 
constitutionality  of  the  minimum  wage  lawj  as  also  within  the 
police  power  of  the  state  and  as  a  regulation  tending  to  guard  the 
public  morals  and  the  public  health. 


OREGON  SUPREME  COURT  DECISION.  283 

Plaintiff  by  his  complaint  questions  the  law  also  as  a  violation 
of  section  20,  of  article  I,  of  the  constitution  of  Oregon.  As  we 
understand  this  contention  it  is  that  the  order  applies  to  manu- 
facturing establishments  in  Portland  alone,  that  other  persons  in 
the  same  business  in  other  localities  are  unaffected  by  it  and  that 
is  discriminatory.  The  law  by  which  plaintiff  is  bound  is  con- 
tained in  section  1  of  the  act  quoted  above.  If  he  will,  he  can 
comply  with  this  provision  without  any  action  by  the  commission, 
and  it  applies  to  all  the  state  alike.  The  other  provisions  of  the 
act  are  for  the  purpose  of  ascertaining  for  those  who  are  not  com- 
plying with  it  what  are  reasonable  hours  of  labor  and  what  is  a 
reasonable  wage  in  the  various  occupations  and  localities  in  the 
state  to  govern  in  the  application  of  section  1  of  the  act  and  for 
the  purpose  of  fixing  penalties  for  violations  thereof.  Counsel 
seem  to  consider  the  order  of  the  commission  as  a  law  which  the 
commission  has  been  authorized  to  promulgate,  but  we  do  not 
understand  this  to  be  its  province.  Section  4  provides :  "  Said 
commission  is  hereby  authorized  and  empowered  to  ascertain  and 
declare  (a)  standards  of  hours,"  etc.  By  section  8  it  is  only 
after  investigation  by  the  commission,  and  when  it  is  of  opinion 
therefrom  that  any  substantial  number  of  women  in  any  occupa- 
tion are  working  unreasonably  long  hours  or  for  inadequate  wages, 
that  it  shall,  by  means  of  a  conference,  ascertain  what  is  a  reason- 
able number  of  hours  for  work  and  a  minimum  rate  of  wages, 
when  it  may  make  such  an  order  as  may  be  necessary  to  adopt 
such  regulations  as  to  hours  of  work  and  minimum  wages;  and 
section  1  of  the  act  shall  be  enforced  on  that  basis.  There  is 
nothing  in  the  record  suggesting  that  there  is  a  substantial  num- 
ber of  women  workers  in  the  same  occupation  as  those  included  in 
the  order  complained  of  here  working  unreasonably  long  hours  or 
for  an  inadequate  wage  in  any  locality  other  than  in  Portland. 
Other  cases  as  they  are  discovered  are  to  be  remedied  as  provided 
therefor,  but  the  law  is  state-wide  and  it  does  not  give  to  plaintiff 
unequal  protection  of  the  law  nor  grant  to  others  privileges  denied 
to  him;  neither  does  it  delegate  legislative  power  to  the  commis- 
sion. It  is  authorized  only  to  ascertain  facts  that  will  determine 
the  localities,  businesses,  hours  and  wages  to  which  the  law  shall 


284          APPENDIX  III -- MINIMUM  WAGE  LEGISLATION. 

apply.  Counsel  urges  that  the  law  upon  this  question  interferes 
with  plaintiff's  freedom  of  contract,  and  refers  to  the  language 
used  in  re  Jacobs,  98  K  Y.  98,  50  Am.  Rep.  636,  to  wit: 

"  Liberty,  in  its  broad  sense  as  understood  in  this  country, 
means  the  right,  not  only  of  freedom  from  actual  servitude, 
imprisonment,  or  restraint,  but  the  right  of  one  to  use  his 
faculties  in  all  lawful  ways  to  live  and  work  where  he  will," 

etc.,  as  a  change  brought  about  by  the  larger  freedom  enjoyed 
in  this  country  and  guaranteed  by  the  federal  constitution  and  the 
constitutions  of  the  various  states  in  comparison  with  conditions 
in  the  earlier  days  of  the  common  law,  when  it  was  found  neces- 
sary to  prevent  extortion  and  oppression  by  royal  proclamation 
and  otherwise,  and  to  establish  reasonable  compensation  for  labor ; 
but  he  fails  to  take  note  that  by  reason  of  this  larger  freedom  the 
tendency  is  to  return  to  the  earlier  conditions  of  long  hours  and 
low  wages,  so  that  some  classes  in  some  employments  seem  to  need 
protection  from  the  same  conditions  for  which  royal  proclamation 
was  found  necessary.  The  legislature  has  evidently  concluded  that 
in  certain  localities  these  conditions  pervail  in  Oregon ;  that  there 
are  many  women  employed  at  inadequate  wages  —  employment 
not  secured  by  the  agreement  of  the  worker  <at  satisfactory  com- 
pensation, but  at  a  wage  dictated  by  the  employer.  The  worker 
in  such  a  case  has  no  voice  in  fixing  the  hours  or  wages,  or  choice 
to  refuse  it,  but  must  accept  it  or  fare  worse.  As  said  in  Wells  vs. 
Great  Northern  Ry.  Co.,  59  Or.  165,  114  Pac.  92,  116  Pac.  1070, 
34  L.  R.  A.  (N.  S.)  818,  as  to  a  baggage  contract  printed  on  the 
ticket  of  a  passenger: 

"  In  this  case  neither  was  it  the  subject  of  agreement  be- 
tween the  company  and  the  carrier  (passenger)  but  was  im- 
posed by  the  company  as  a  condition  of  the  sale  of  the  ticket, 
and  in  signing  the  ticket  the  plaintiff  was  laboring  under 
such  an  inequality  of  conditions  as  that  he  was  compelled  to 
enter  into  the  contract,  whether  he  would  or  not." 

In  the  dissenting  opinion  in  the  Lockner  case,  supra,  it  is  said : 

"It  is  plain  that  this  statute  was  enacted  in  order  to  pro- 
tect the  physical  wellbeing  of  those  who  work  in  bakeries  and 


Ou !•:<•{< >.\    Sri'KK.MK  ('orirr   DI-K.-ISION.  285 

confectionary  establishments;  It  may  be  that  the  statute  had 
its  origin,  in  part,  in  the  belief  that  employers  and  employees 
in  such  establishments  were  not  upon  equal  footing,  and  that 
the  necessities  of  the  latter  often  compelled  them  to  submit 
to  such  exactions  as  unduly  taxed  their  strength.  Be  that  as 
it  may,  the  statute  must  be  taken  as  expressing  the  belief  of 
the  people  of  New  York  that,  as  a  general  rule  and  in  the  case 
of  the  average  man,  labor  in  excess  of  sixty  hours  during  a 
week  in  such  establishments  may  endanger  health  of  those 
who  labor.'7 

Counsel  suggest  it  is  only  quite  recently  that  it  has  'been  se- 
riously contended  that  the  state  may  lawfully  establish  a  minimum 
wage  in  private  employments.  This  is  undoubtedly  true,  and  it 
may  be  that  there  is  an  occasion  for  it.  The  legislature  seems  to 
have  acted  on  the  idea  that  conditions  have  changed,  or  that  pri- 
vate enterprises  have  become  so  crowded  that  their  demands 
amount  to  unreasonable  exactions  from  women  and  children;  that 
occasion  has  arisen  for  relief  through  its  police  power;  and  that 
it  has  determined  the  public  welfare  demands  enactment  of  this 
statute.  Justice  Washington,  in  Ogden  vs.  Saunders,  12  Wheat, 
269,  says  that  the  question  which  he  has  been  examining  is  in- 
volved in  difficulty  and  doubt, 

"but  if  I  could  rest  my  opinion  in  favor  of  the  constitution- 
ality of  the  law  on  which  the  question  arises  on  no  other 
ground  than  this  doubt  so  felt  and  acknowledged,  that  alone 
would  in  my  estimation  be  a  satisfactory  vindication  of  it.  It 
is  but  a  decent  respect  due  to  the  wisdom,  the  integrity  and 
the  patriotism  of  the  legislative  body  by  which  any  law  is 
passed,  to  presume  in  favor  of  its  validity,  until  its  violation 
of  the  constitution  is  proved  beyond  all  reasonable  doubt." 

Plaintiff  further  contends  that  the  statute  is  void  for  the  reason 
that  it  makes  the  findings  of  the  commission  on  all  questions  of 
fact  conclusive,  and  therefore  takes  his  property  without  due  pro- 
cess of  law;  relying  on  the  decision  of  Chicago,  etc.,  Ry.  Co.  vs. 
Minnesota,  134  U.  S.  418,  10  Sup.  Ct.  Eep.  462,  33  L.  Ed.  970, 
as  conclusive  upon  that  question.  That  case  was  an  attack  upon 


286         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

the  law  creating  a  railway  and  warehouse  commission,  which  was 
held  valid  by  the  state  of  Minnesota,  but  the  United  States  Court 
reversed  the  judgment  there  for  the  reason  that  the  law  does  not 
provide  for  a  hearing  by  the  parties  affected  by  the  order,  which 
is  not  due  process  of  law,  and  that  no  notice  and  opportunity  to  be 
heard  is  provided  for,  which  is  the  principal  ground  upon  which 
the  State  Court  was  reversed.  Louisville  &  N.  K.  Co.  vs.  Garrett, 
34  Sup.  Ct.  Eep.  48,  is  a  case  very  much  in  point,  in  which  was 
had  a  hearing  before  the  Railway  Commiission  of  Kentucky,  fix- 
ing freight  rates  between  certain  points  within  the  state.  The 
plaintiff  attacked  the  legality  of  these  orders  because  they  were 
final  and  conclusive  without  right  of  appeal,  and  that  by  reason 
thereof  plaintiff  was  deprived  of  property  without  due  process  of 
law.  In  deciding  this  question,  the  court  said: 

"If  (the  law)  require  a  hearing  *  *  *  and  a  de- 
termination by  the  commission  whether  the  existing  rates 
were  excessive.  But  on  these  conditions  being  fulfilled,  the 
questions  of  fact  which  might  arise  *  *  *  would  not  be- 
come, as  such,  judicial  questions  to  be  re-examined  by  the 
courts.  The  appropriate  questions  for  the  courts  would  be 
whether  the  commission  acted  within  the  authority  duly  con- 
ferred." 

Thus,  in  the  present  case,  plaintiff  was  given  the  right  and  op- 
portunity to  be  heard  before  the  commission,  as  provided  for  by 
section  9  of  the  act.  In  the  third  subdivision  of  the  opinion  in 
the  latter  case  it  is  held  that,  even  though  the  law  gives  no  right 
of  appeal  from  the  final  findings  of  facts,  a  party  aggrieved  is  not 
without  remedy  as  to  matters  that  would  be  the  appropriate  sub- 
ject of  judicial  inquiry,  namely,  if  the  rates  fixed  are  confiscatory ; 
but  where  such  a  board  has  fully  and  fairly  investigated  and  fixed 
what  it  believes  to  be  reasonable  rates,  the  party  affected  thereby 
has  not  been  deprived  of  due  process  of  law.  San  Diego  Land  & 
Town  Co.  v.  National  City,  174  U.  S.  739,  19  Sup.  Ct.  Rep.  804, 
43  L.  Ed.  1154;  Spring  Valley  Water  Works  vs.  San  Francisco, 
82  Cal.  286,  22  Pac.  910,  1046 ;  Louisville  &  K  R.  Co.  v.  Garrett, 
supra.  Many  other  cases  are  cited  in  the  briefs  of  defendants 


OREGON  SUPREME  COURT  DECISION.  287 

fully  supporting  their  contention.  Due  process  of  law  merely  re- 
quires such  tribunals  as  are  proper  to  deal  with  the  subject  in 
hand.  Reasonable  notice  and  a  fair  opportunity  to  be  heard  be- 
fore some  tribunal  before  it  decides  the  issues  are  the  essentials  of 
due  process  of  law.  It  is  sufficient  for  the  protection  of  his  con- 
stitutional rights  if  he  has  notice  and  is  given  an  opportunity  at 
some  state  of  the  proceeding  to  be  heard.  Towns  v.  Klamath 
County,  33  Or.  225,  63  Pac.  604. 

We  think  we  should  be  bound  by  the  judgment  of  the  legisla- 
ture that  there  is  a  necessity  'for  this  act,  that  it  is  within  the 
police  power  of  the  state  to  provide  for  the  protection  of  the 
health,  morals  and  welfare  of  women  and  children,  and  that  the 
law  should  be  upheld  as  constitutional. 

The  decree  of  the  Circuit  Court  is  affirmed.  McBride,  C.  J., 
not  sitting. 


288          APPENDIX   III- — MIXIMTM  WAGE  LEGISLATION. 


APPENDIX   B. 


THE  AMERICAN  MINIMUM  WAGE  LAWS. 

CALIFORNIA. 
Laws  1913.     Chapter  324. 

AN  ACT  regulating  the  employment  of  women  and  minors  and 
establishing  an  industrial  welfare  commission  to  investigate 
and  deal  with  such  employment,  including  a  minimum  wage ; 
providing  for  an  appropriation  therefor  and  fixing  a  penalty 
for  violations  of  this  act. 

The  People  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  There  is  hereby  established  a  commission  to  be 
known  as  the  industrial  welfare  commission,  hereinafter  called 
the  commission.  Said  commission  shall  be  composed  of  five  per- 
sons, at  least  one  of  whom  shall  be  a  woman,  and  all  of  whom 
shall  be  appointed  by  the  governor  as  follows:  two  for  the  term 
of  one  year,  one  for  the  term  of  two  years,  one  for  the  term  of 
three  years,  and  one  for  the  term  of  four  years;  provided,  how- 
ever, That  at  the  expiration  of  their  respective  terms,  their  suc- 
cessors shall  be  appointed  to  serve  a  full  term  of  four  years. 
Any  vacancies  shall  be  similarly  filled  for  the  unexpired  portion 
of  the  term  in  which  the  vacancy  shall  occur.  Three  members  of 
the  commission  shall  constitute  a  quorum.  A  vacancy  on  the 
commission  shall  not  impair  the  right  of  the  remaining  members 
to  perform  all  the  duties  and  exercise  all  the  powers  and  authority 
of  the  commission. 

SEC.  2.  The  members  of  said  commission  shall  draw  no 
salaries  but  all  of  said  members  shall  be  allowed  ten  dollars  per 
diem  while  engaged  in  the  performance  of  their  official  duties. 
The  commission  may  employ  a  secretary,  and  such  expert,  clerical 


AMERICAN   LEGISLATION  —  CALIFORNIA.  289 

and  other  assistants  as  may  be  necessary  to  carry  out  the  pur- 
poses of  this  act,  and  shall  fix  the  compensation  of  such  em- 
ployees, and  may,  also,  to  carry  out  such  purposes,  incur  reason- 
able and  necessary  office  and  other  expenses,  including  the  neces- 
sary traveling  expenses  of  the  members  of  the  commission,  of  its 
secretary,  of  its  experts,  and  of  its  clerks  and  other  assistants 
and  employees.  All  employees  of  the  commission  shall  hold  office 
at  the  pleasure  of  the  commission. 

SEC.  3.  (a)  It  shall  be  the  duty  of  the  commission  to  ascer- 
tain the  wages  paid,  the  hours  and  conditions  of  labor  and  em- 
ployment in  the  various  occupations,  trades,  and  industries  in 
which  women  and  minors  are  employed  in  the  State  of  Cali- 
fornia, and  to  make  investigations  into  the  comfort,  health,  safety 
and  welfare  of  such  women  and  minors. 

(fr)  It  shall  be  the  duty  of  every  person,  firm  or  corporation 
employing  labor  in  this  state : 

1.  To  furnish  to  the  commission,  at  its  request,  any  and  all 
reports  or   information  which   the   commission   may   require   to 
carry  out  the  purposes  of  this  act,  such  reports  and  information 
to  be  verified  by  the  oath  of  the  person,   or  a  member  of  the 
firm,  or  the  president,  secretary,  or  manager  of  the  corporation 
furnishing  the  same,  if  and  when  so  requested  by  the  commission 
or  any  member  thereof. 

2.  To  allow  any  member  of  the  commission,  or  its  secretary, 
or  any  of  its  duly  authorized  experts  or  employees,  free  access  to 
the  place  of  business  or  employment  of  such  person,  firm,  or  cor- 
poration, for  the  purpose  of  making  any  investigation  authorized 
by  this  act,  or  to  make  inspection  of,  or  excerpts  from,  all  books, 
reports,  contracts,  pay  rolls,  documents,  or  papers  of  such  person, 
firm  or  corporation  relating  to  the  employment  of  labor  and  pay- 
ment therefor  by  such  person,  firm  or  corporation. 

3.  To  keep  a  register  of  the  names,  ages,  and  residence  ad- 
dresses of  all  women  and  minors  employed. 

(c)     For  the  purposes  of  this  act,  a  minor  is  defined  to  be  a 
person  of  either  sex  under  the  age  of  eighteen  years. 
10 


290         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

•  SEC.  4.  The  commission  may  specify  times  to  hold  public 
hearings,  at  which  times,  employers,  employees,  or  other  inter- 
ested persons,  may  appear  and  give  testimony  as  to  the  matter 
under  consideration.  The  commission  or  any  member  thereof 
shall  have  power  to  subpoena  witnesses  and  to  administer  oaths. 
All  witnesses  subpoenaed  by  the  commission  shall  be  paid  the 
fees  and  mileage  fixed  by  law  in  civil  cases.  In  case  of  failure 
on  the  part  of  any  person  to  comply  with  any  order  of  the  com- 
mission or  any  member  thereof,  or  any  subpoena,  or  upon  the 
refusal  of  any  witness  to  testify  to  any  matter  regarding  which 
he  may  lawfully  be  interrogated  before  any  wage  board  or  the 
commission,  it  shall  be  the  duty  of  the  superior  court  or  the  judge 
thereof,  on  the  application  of  a  member  of  the  commission,  to 
compel  obedience  in  the  same  manner,  by  contempt  proceedings 
or  otherwise,  that  such  obedience  would  be  compelled  in  a  pro- 
ceeding pending  before  said  court.  The  commission  shall  have 
power  to  make  and  enforce  reasonable  and  proper  rules  of  prac- 
tice and  procedure  and  shall  not  be  bound  by  the  technical  rules 
of  evidence. 

SEC.  5.  If,  after  investigation,  the  commission  is  of  the  opin- 
ion that,  in  any  occupation,  trade,  or  industry,  the  wages  paid  to 
women  and  minors  are  inadequate  to  supply  the  cost  of  proper 
living,  or  the  hours  or  conditions  of  labor  are  prejudicial  to  the 
health,  morals  or  welfare  of  the  workers,  the  commission  may  call 
a  conference,  hereinafter  called  "  wage  board  ",  composed  of  an 
equal  number  of  representatives  of  employers  and  employees  in 
the  occupation,  trade,  or  industry  in  question,  and  a  representa- 
tive of  the  commission  to  be  designated  by  it,  who  shall  act  as  the 
chairman  of  the  wage  board.  The  members  of  such  wage  board 
shall  be  allowed  five  dollars  per  diem  and  necessary  traveling 
expenses  while  engaged  in  such  conferences.  The  commission 
shall  make  rules  and  regulations  governing  the  number  and  selec- 
tion of  the  members  and  the  mode  of  procedure  of  such  wage 
board,  and  shall  exercise  exclusive  jurisdiction  over  all  questions 
arising  as  to  the  validity  of  the  procedure  and  of  the  recommenda- 
tions of  such  wage  board.  The  proceedings  and  deliberations  of 
such  wage  board  shall  be  made  a  matter  of  record  for  the  use  of 


AMERICAN   LEGISLATION  —  CALIFORNIA.  291 

the  commission,  and  shall  be  admissible  as  evidence  in  any  pro- 
ceedings before  the  commission.  On  request  of  the  commission, 
it  shall  be  the  duty  of  such  wage  board  to  report  to  the  commis- 
sion its  findings,  including  therein : 

1.  An  estimate  of  the  minimum  wage  adequate  to  supply  to 
women  and  minors  engaged  in  the  occupation,  trade  or  industry 
in  question,  the  necessary  cost  of  proper  living  and  to  maintain 
the  health  and  welfare  of  such  women  and  minors. 

2.  The  number  of  hours  of  work  per  day  in  the  occupation, 
trade  or  industry  in  question,  consistent  with  the  health  and  wel- 
fare of  such  women  and  minors. 

3.  The  standard  conditions  of  labor  in  the  occupation,  trade 
or  industry  in  question,  demanded  by  the  health  and  welfare  of 
such  women  and  minors. 

SEC.  6.  (a)  The  commission  shall  have  further  power  after 
a  public  hearing  had  upon  its  own  motion  or  upon  petition,  to 
fix: 

1.  A  minimum  wage  to  be  paid  to  women  and  minors  en- 
gaged in  any  occupation,  trade  or  industry  in  this  state,  which 
shall  not  be  less  than  a  wage  adequate  to  supply  to  such  women 
and  minors  the  necessary  cost  of  proper  living  and  to  maintain 
the  health  and  welfare  of  such  women  and  minors. 

2.  The  maximum  hours  of  work  consistent  with  the  health 
and  welfare  of  women  and  minors  engaged  in  any  occupation, 
trade  or  industry  in  this  state ;  provided,  That  the  hours  so  fixed 
shall  not  be  more  than  the  maximum  now  or  hereafter  fixed  by 
law. 

3.  The  standard  conditions  of  labor  demanded  by  the  health 
and  welfare  of  the  women  and  minors  engaged  in  any  occupation, 
trade  or  industry  in  this  state. 

(2>)  Upon  the  fixing  of  a  time  and  place  for  the  holding  of  a 
hearing  for  the  purpose  of  considering  and  acting  upon  any  mat- 
ters referred  to  in  subsection  (a-)  hereof,  the  commission  shall 
give  public  notice  by  advertisement  in  at  least  one  newspaper 


292         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

published  in  each  of  the  cities  of  Los  Angeles  and  Sacramento 
and  in  the  city  and  county  of  San  Francisco,  and  by  mailing  a 
copy  of  said  notice  to  the  county  recorder  of  each  county  in  the 
state,  of  such  hearing  and  purpose  thereof,  which  notice  shall  state 
the  time  and  place  fixed  for  such  hearing  which  shall  not  be  earlier 
than  fourteen  days  from  the  date  of  publication  and  mailing  of 
such  notices. 

(c)  After  such  public  hearing,  the  commission  may,  in  its 
discretion,  make  a  mandatory  order  to  be  effective  in  sixty  days 
from  the  making  of  such  order,  specifying  the  minimum  wage 
for  women  or  minors  in  the  occupation  in  question,  the  maximum 
hours;  provided,  That  the  hours  specified  shall  not  be  more  than 
the  maximum  for  women  or  minors  in  California,  and  the  stan- 
dard conditions  of  labor  for  said  women  or  minors;  provided, 
however,  That  no  such  order  shall  become  effective  until  after 
April  1,  1914.  Such  order  shall  be  published  in  at  least  one 
newspaper  in  each  of  the  cities  of  Los  Angeles  and  Sacramento 
and  in  the  city  and  county  of  San  Francisco,  and  a  copy  thereof 
be  mailed  to  the  county  recorder  of  each  county  in  the  state,  and 
such  copy  shall  be  recorded  without  charge,  and  to  the  labor  com- 
missioner who  shall  send  by  mail,  so  far  as  practicable,  to  each 
employer  in  the  occupation  in  question,  a  copy  of  the  order,  and 
each  employer  shall  be  required  to  post  a  copy  of  such  order  in 
the  building  in  which  women  or  minors  affected  by  the  order  are 
employed.  Failure  to  mail  notice  to  the  employer  shall  not  re- 
lieve the  employer  from  the  duty  to  comply  with  such  order. 
Finding  by  the  commission  that  there  has  been  such  publication 
and  mailing  to  county  recorders  shall  be  conclusive  as  to  service. 

SEC.  7.  Whenever  wages,  or  hours,  or  conditions  of  labor 
have  been  so  made  mandatory  in  any  occupation,  trade  or  indus- 
try, the  commission  may  at  any  time  in  its  discretion,  upon  its 
own  motion  or  upon  petition  of  either  employers  or  employees, 
after  a  public  hearing  held  upon  the  notice  prescribed  for  an 
original  hearing,  rescind,  alter  or  amend  any  prior  order.  Any 
order  rescinding  a  prior  order  shall  have  the  same  effect  as  herein 
provided  for  in  an  original  order. 


AMERICAN  LEGISLATION  —  CALIFORNIA.  293 

SEC.  8.  For  any  occupation  in  which  a  minimum  wage  has 
been  established,  the  commission  may  issue  to  a  woman  physically 
defective  by  age  or  otherwise,  a  special  license  authorizing  the 
employment  of  such  licensee,  for  a  period  of  six  months,  for  a 
wage  less  than  such  legal  minimum  wage;  and  the  commission 
shall  fix  a  special  minimum  wage  for  such  person.  Any  such 
license  may  be  renewed  for  like  periods  of  six  months. 

SEC.  9.  Upon  the  request  of  the  commission,  the  labor  com- 
missioner shall  cause  such  statistics  and  other  data  and  informa- 
tion to  be  gathered,  and  investigations  made,  as  the  commission 
may  require.  The  cost  thereof  shall  be  paid  out  of  the  appropri- 
ations made  for  the  expenses  of  the  commission. 

SEC.  10.  Any  employer  who  discharges,  or  threatens  to  dis- 
charge, or  in  any  other  manner  discriminates  against  any  em- 
ployee because  such  employee  has  testified  or  is  about  to  testify, 
or  because  such  employer  believes  that  said  employee  may  testify 
in  any  investigation,  or  proceedings  relative  to  the  enforcement 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor. 

SEC.  11.  The  minimum  wage  for  women  and  minors  fixed  by 
said  commission  as  in  this  act  provided,  shall  be  the  minimum 
wage  to  be  paid  to  such  employees,  and  the  payment  to  such 
employees  of  a  less  wage  than  the  minimum  so  fixed  shall  be 
unlawful,  and  every  employer  or  other  person  who,  either  indi- 
vidually or  as  an  officer,  agent,  or  employee  of  a  corporation  or 
other  person,  pays  or  causes  to  be  paid  to  any  such  employee  a 
wage  less  than  such  minimum,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars,  or  by  imprisonment  for  not  less  than  thirty 
days,  or  by  both  such  fine  and  imprisonment. 

SEC.  12.  In  every  prosecution  for  the  violation  of  any  pro- 
vision of  this  act,  the  minimum  wage  established  by  the  commis- 
sion as  herein  provided  shall  be  prima  facie  presumed  to  be 
reasonable  and  lawful,  and  to  be  the  living  wage  required  herein 
to  be  paid  to  women  and  minors.  The  findings  of  fact  made  by 
the  commission  acting  within  its  powers  shall,  in  the  absence  of 


294         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

fraud,  be  conclusive;  and  the  determination  made  by  the  com- 
mission shall  be  subject  to  review  only  in  a  manner  and  upon  the 
grounds  following:  within  twenty  days  from  the  date  of  the 
determination,  any  party  aggrieved  thereby  may  commence  in  the 
superior  court  in  and  for  the  city  and  county  of  San  Francisco, 
or  in  and  for  the  counties  of  Los  Angeles  or  Sacramento,  an 
action  against  the  commission  for  review  of  such  determination. 
In  such  action  a  complaint,  which  shall  state  the  grounds  upon 
which  a  review  is  sought,  shall  be  served  with  the  summons. 
Service  -upon  the  secretary  of  the  commission,  or  any  member  of 
the  commission,  shall  be  deemed  a  complete  service.  The  com- 
mission shall  serve  its  answer  within  twenty  days  after  the  ser- 
vice of  the  complaint.  With  its  answer,  the  commission  shall 
make  a  return  to  the  court  of  all  documents  and  papers  on  file  in 
the  matter,  and  of  all  testimony  and  evidence  which  may  have 
been  taken  before  it,  and  of  its  findings  and  the  determination. 
The  action  may  thereupon  be  brought  on  for  hearing  before  the 
court  upon  such  record  by  either  party  on  ten  days'  notice  of  the 
other.  Upon  such  hearing,  the  court  may  confirm  or  set  aside 
such  determination;  but  the  same  shall  be  set  aside  only  upon 
the  following  grounds : 

(1)  That  the  commission  acted  without  or  in  excess  of  its 
powers. 

(2)  That  the  determination  was  procured  by  fraud. 

Upon  the  setting  aside  of  any  determination  the  court  may 
recommit  the  controversy  and  remand  the  record  in  the  case  to 
the  commission  for  further  proceedings.  The  commission,  or  any 
party  aggrieved,  by  a  decree  entered  upon  the  review  of  a  deter- 
mination, may  appeal  therefrom  within  the  time  and  in  the  man- 
ner provided  for  an  appeal  from  the  orders  of  the  said  superior 
court. 

SEC.  13.  Any  employee  receiving  less  than  the  legal  mini- 
mum wage  applicable  to  such  employee  shall  be  entitled  to  recover 
in  a  civil  action  the  unpaid  balance  of  the  full  amount  of  such 
minimum  wage,  together  with  costs  of  suit,  notwithstanding  any 
agreement  to  work  for  such  lesser  wage. 


AMEKICAN   LEGISLATION  —  CALIFORNIA.  295 

SEC.  14.  Any  person  may  register  with  the  commission  a 
complaint  that  the  wages  paid  to  an  employee  for  whom  a  living 
rate  has  been  established,  are  less  than  that  rate,  and  the  com- 
mission shall  investigate  the  matter  and  take  all  proceedings 
necessary  to  enforce  the  payment  of  a  wage  not  less  than  the 
living  wage. 

SEC.  15.  The  commission  shall  biennially  make  a  report  to 
the  governor  and  the  state  legislature  of  its  investigations  and 
proceedings. 

SEC.  16.  There  is  hereby  appropriated  annually  out  of  the 
moneys  of  the  state  treasury,  not  otherwise  appropriated,  the  sum 
of  fifteen  thousand  dollars,  to  be  used  by  the  commission  in 
carrying  out  the  provisions  of  this  act,  and  the  controller  is 
hereby  directed  from  time  to  time  to  draw  his  warrants  on  the 
general  fund  in  favor  of  the  commission  for  the  amounts  ex- 
pended under  its  direction,  and  the  treasurer  is  hereby  author- 
ized and  directed  to  pay  the  same. 

SEC.  17.  The  commission  shall  not  act  as  a  board  of  arbitra- 
tion during  a  strike  or  lock-out 

SEC.  18.  (a)  Whenever  this  act,  or  any  part  or  section 
thereof,  is  interpreted  by  a  court,  it  shall  be  liberally  construed 
by  such  court. 

(&)  If  any  section,  subsection,  or  subdivision  of  this  act  is 
for  any  reason  held  to  be  unconstitutional,  such  decision  shall 
not  affect  the  validity  of  the  remaining  portions  of  this  act.  The 
legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  subdivision,  sentence,  clause  and 
phrase  thereof,  irrespective  of  the  fact  that  any  one  or  more  sec- 
tions, subsections,  subdivisions,  sentences,  clauses  or  phrases  is 
declared  unconstitutional. 

SEC.  19.  The  provisions  of  this  act  shall  apply  to  and  include 
women  and  minors  employed  in  any  occupation,  trade  or  indus- 
try, and  whose  compensation  for  labor  is  measured  by  time,  piece 
or  otherwise. 

[Approved  May  26,  1913.] 


296         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

COLORADO. 
Laws  1913.     Chapter  110. 

AN  ACT  providing  for  the  determination  of  minimum  wages  for 
women  and  minors. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Colorado: 

SECTION  1.  There  is  hereby  created  a  state  wage  board  to  be 
composed  of  three  members ;  at  least  one  of  whom  shall  be  a  rep- 
resentative of  labor,  at  least  one  of  whom  shall  be  a  woman  and 
one  of  whom  shall  be  an  employer  of  labor.  The  members  of 
said  board  shall  be  appointed  by  the  governor,  immediately  upon 
the  taking  effect  of  this  act  and  the  term  of  existence  of  said 
board-  shall  be  for  two  years. 

SEC.  2.  It  shall  be  the  duty  of  the  wage  board  to  inquire  into 
the  wages  paid  to  female  employes  above  the  age  of  eighteen 
years  and  minor  employes  under  eighteen  years  of  age  in  any 
mercantile,  manufacturing,  laundry,  hotel,  restaurant,  telephone 
or  telegraph  business  in  this  state,  if  the  board  or  any  member 
of  it  may  have  reason  to  believe  the  wages  paid  any  such  em- 
ployes are  inadequate  to  supply  the  necessary  cost  of  living, 
maintain  them  in  health,  and  supply  the  necessary  comforts  of 
life.  The  wage  board  shall  also  inquire  into  the  cost  of  living 
in  the  locality  or  localities  in  which  the  business  is  carried  on  and 
shall  take  into  consideration  the  financial  condition  of  the  busi- 
ness and  the  probable  effect  thereon  of  any  increase  in  the  mini- 
mum wage  paid  in  different  localities,  which  inquiry  and  investi- 
gation shall  be  held  in  the  locality  affected.  After  such  investi- 
gation it  shall  be  the  duty  of  the  wage  board  to  fix  the  minimum 
wage,  whether  by  time  rate  or  piece  rate,  suitable  for  the  female 
employes  over  eighteen  years  of  age  in  such  business  or  in  any 
or  all  of  the  branches  thereof  and  also  a  suitable  minimum  wage 
for  minors  under  eighteen  years  of  age  employed  in  the  said 
business.  When  two  or  more  members  of  the  wage  board  shall 
agree  upon  a  minimum  wage  determination,  the  board  shall  give 
public  notice,  by  advertisement  published  once  in  a  newspaper  of 
general  circulation  in  the  county  or  counties  in  which  any  such 


AMERICAN  LEGISLATION  —  COLORADO.  29  Y 

business  so  affected  is  located,  declaring  such  minimum  wage 
determination  or  determinations  and  giving  notice  of  a  public 
hearing  thereon  to  be  heard  in  the  town  or  city  nearest  the  place 
wherein  the  inadequate  wage  is  found  to  exist;  said  hearing  to 
be  held  not  earlier  than  thirty  days  from  the  date  of  such  publi- 
cation. A  copy  of  such  notice  shall  also  be  mailed  to  the  person, 
association  or  corporation  engaged  in  the  business  affected.  After 
such  public  hearing  or  after  the  expiration  of  the  thirty  days, 
provided  no  public  hearing  is  demanded,  the  wage  board  shall 
issue  an  obligatory  order  to  be  effective  in  sixty  days  from  the 
date  of  said  order,  specifying  the  minimum  wages  for  women  or 
minors  or  both  in  the  occupation  affected,  or  any  branch  thereof, 
and  after  such  order  is  effective,  it  shall  be  unlawful  for  any 
employer  in  said  occupation  to  employ  a  female  over  eighteen 
years  of  age  or  a  minor  under  eighteen  years  of  age  for  less  than 
the  rate  of  wages  specified  for  such  female  or  minor.  The  order 
shall  be  published  once  in  a  newspaper  of  general  circulation  in 
the  county  or  counties  in  which  any  such  business  affected  is 
located  and  a  copy  of  the  order  shall  be  sent  by  mail  to  the  per- 
son, association  or  corporation  engaged  in  said  business;  and  each 
such  employer  shall  be  required  to  post  a  copy  of  said  order  in  a 
conspicuous  place  in  each  building  in  which  women  or  minors 
affected  by  the  order  are  employed. 

SEC.  3.  The  board  shall,  for  the  purposes  of  this  act,  have 
the  power  to  subpoena  witnesses  and  compel  their  attendance,  to 
administer  oaths,  and  examine  witnesses  under  oath,  and  to  com- 
pel the  production  of  papers,  books,  accounts,  documents  and 
records.  If  any  person  shall  fail  to  attend  as  a  witness  when 
subpoenaed  by  the  board  or  shall  refuse  to  testify  when  ordered 
so  to  do,  the  board  may  apply  to  any  district  court  01  county  court 
to  compel  obedience  on  the  part  of  such  person  and  such  district 
or  county  court  shall  thereupon  compel  obedience  by  proceedings 
for  contempt  as  in  case  of  disobedience  of  any  order  of  said  court. 

SEC.  4.  Each  witness  who  shall  appear  before  the  board  by 
order  of  the  board  shall  receive  for  his  attendance  the  fees  and 
mileage  now  provided  for  witnesses  in  civil  cases  in  the  district 
courts  of  the  state. 


APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

SEC.  5.  A  full  and  complete  record  shall  be  kept  of  all  testi- 
mony taken  by,  and  of  all  proceedings  had  before  the  board. 

SEC.  6.  Any  employer,  employe  or  other  person  directly 
affected  by  any  order  of  the  board  fixing  and  determining  a  mini- 
mum wage  in  any  occupation  or  industry,  shall  have  the  right 
of  appeal  from  such  order  to  the  district  court  of  the  state  on  the 
ground  that  such  order  is  unlawful  or  unreasonable.  The  evi- 
dence considered  upon  such  appeal  shall  be  confined  to  the  evi- 
dence presented  to  the  board  in  the  case  from  the  decision  in 
which  the  appeal  is  taken,  and  the  order  of  the  board  shall  re- 
main in  full  force  and  effect  until  such  order  is  reversed  or  set 
aside  by  the  district  court.  In  all  proceedings  in  the  district 
court  the  district  attorney  shall  appear  for  the  board.  In  all 
proceedings  in  the  supreme  court  the  attorney-general  shall 
appear  for  the  board. 

SEC.  7.  Any  person  or  partnership  or  corporation  employing 
any  female  person  above  the  age  of  eighteen  years  at  less  than 
the  minimum  wage  fixed  for  such  persons  by  this  board,  and  any 
person,  partnership  or  corporation  employing  any  person  of  either 
sex  under  the  age  of  eighteen  years  at  less  than  the  minimum 
wage  fixed  for  such  persons  by  this  board,  or  violating  any  other 
provision  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  for  each  offense,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  three  months  or  by 
both  fine  and  imprisonment. 

SEC.  8.  Any  employer  who  discharges  or  in  any  other  man- 
ner discriminates  against  any  employe  because  such  employe  has 
testified,  or  is  about  to  testify,  or  because  such  employer  believes 
that  said  employe  may  testify,  in  any  investigation  or  proceed- 
ing relative  to  the  enforcement  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  twenty-five  dollars  for  each  such  misdemeanor. 

SEC.  9.  Justices  of  the  Peace  shall  have,  according  to  law, 
jurisdiction  within  their  respective  counties  of  all  offenses  aris- 
ing under  the  provisions  of  this  act. 


AMERICAN  LEGISLATION  —  COLORADO. 

SEC.  10.  If  any  employe  shall  receive  less  than  the  minimum 
wage  fixed  by  this  board  for  employes  in  the  occupation  in  which 
said  person  is  employed,  he  or  she  shall  be  entitled  to  recover  in 
a  civil  action,  the  full  amount  which  would  have  been  due  said 
employe  if  the  minimum  wage  fixed  by  the  board  had  been  paid, 
together  with  costs  and  attorney  fees  to  be  fixed  by  the  court, 
notwithstanding  any  agreement  to  work  for  such  lower  wage.  In 
such  action,  however,  the  employer  shall  be  credited  with  any 
wages  which  have  been  paid  said  employe. 

SEC.  11.  For  any  occupation  in  which  a  minimum  time  rate 
only  has  been  established,  the  wage  board  may  issue  to  any  female 
over  the  age  of  eighteen,  physically  defective,  a  special  license 
authorizing  the  employment  of  such  licensee  for  a  wage  less  than 
the  legal  minimum  wage ;  Provided,  it  is  not  less  than  the  special 
minimum  wage  fixed  for  said  person. 

SEC.  12.  The  wage  board  shall,  by  and  with  the  consent  of 
the  governor,  appoint  a  secretary  who  may,  or  -may  not  be  a  mem- 
ber of  the  board,  and  who  shall  give  his  entire  time  to  the  duties 
of  the  office,  whose  salary  shall  be  twelve  hundred  dollars 
($1,200.00)  per  annum,  payable  monthly.  The  members  of  said 
wage  board  and  the  secretary  thereof  shall  be  paid  all  necessary 
traveling  and  incidental  expenses  actually  incurred  in  the  per- 
formance of  their  official  duties,  not  to  exceed  thirteen  hundred 
dollars  ($1,300.00)  per  annum.  The  board  of  capitol  managers 
shall  provide  a  suitable  room  for  the  use  of  said  wage  board  and 
its  secretary.  There  is  hereby  appropriated  for  the  payment  of 
the  aforesaid  salary  and  expenses,  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated  for  other  ordinary  expenses 
of  the  departments  of  the  state,  the  sum  of  five  thousand  dol- 
lars ($5,000.00)  ;  and  the  auditor  of  the  state  is  hereby  author- 
ized and  directed  to  draw  his  warrants  on  said  fund  upon 
certified  vouchers  of  the  chairman  of  said  board  attested  by  its 
secretary. 

SEC.  13.  The  board  shall,  within  thirty  days  after  the  con- 
vening of  the  twentieth  general  assembly,  make  a  report  to  the 
governor  and  to  the  general  assembly,  of  its  investigations  and 


300         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

proceedings  during  the  period  of  its  existence,  up  to  and  includ- 
ing November  30,  1914. 

SEC.  14.  All  acts  or  parts  of  acts  in  conflict  with  any  of  the 
provisions  of  this  act  are  hereby  repealed. 

[Approved  May  14,  1913,  at  10.15  A.  M.] 

MASSACHUSETTS. 

Laws  1912.     Chapter  706. 

(As  amended  by  Chapters  673  and  330,  Laws  of  1913.) 

A~N  ACT  to  establish  the  minimum  wage  commission  and  to 
provide  for  the  determination  of  minimum  wages  for  women 
and  minors. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  There  is  hereby  established  a  commission  to  be 
known  as  the  Minimum  Wage  Commission.  It  shall  consist  of 
three  persons,  one  of  whom  may  be  a  woman,  to  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council.  One 
of  the  commissioners  shall  be  designated  by  the  governor  as  chair- 
man. The  first  appointments  shall  be  made  within  ninety  days 
after  the  passage  of  this  act,  one  for  a  term  ending  October  first, 
nineteen  hundred  and  thirteen,  one  for  a  term  ending  October 
first,  nineteen  hundred  and  fourteen,  and  one  for  a  term  ending 
October  first,  nineteen  hundred  and  fifteen;  and  beginning  with 
the  year  nineteen  hundred  and  thirteen,  one  member  shall  be 
appointed  annually  for  the  the  term  of  three  years  from  the  first 
day  of  October  and  until  his  successor  is  qualified.  Any  vacancy 
that  may  occur  shall  be  filled  in  like  manner  for  the  unexpired 
part  of  the  term. 

SEC.  2.  Each  commissioner  shall  be  paid  ten  dollars  for  each 
day's  service,  in  addition  to  the  traveling  and  other  expenses  in- 
curred in  the  performance  of  his  official  duties.  The  commission 
may  appoint  a  secretary,  who  shall  be  the  executive  officer  of  the 
board  and  to  whose  appointment  the  rules  of  the  civil  service  com- 
mission shall  not  apply.  It  shall  determine  his  salary,  subject 


AMERICAN  LEGISLATION  —  MASSACHUSETTS.  301 

to  the  approval  of  the  governor  and  council.  The  commission 
may  incur  other  necessary  expenses  not  exceeding  the  annual 
appropriation  therefor,  and  shall  be  provided  with  an  office  in  the 
state  house  or  in  some  other  suitable  building  in  the  city  of 
Boston. 

SEC.  3.  It  shall  be  the  duty  of  the  commission  to  inquire  into 
the  wages  paid  to  the  female  employees  in  any  occupation  in  the 
commonwealth,  if  the  commission  has  reason  to  believe  that  the 
wages  paid  to  a  substantial  number  of  such  employees  are  inade- 
quate to  supply  the  necessary  cost  of  living  and  to  maintain  the 
worker  in  health. 

SEC.  4.  If  after  such  investigation  the  commission  is  of  the 
opinion  that  in  the  occupation  in  question  the  wages  paid  to  a 
substantial  number  of  female  employees  are  inadequate  to  supply 
the  necessary  cost  of  living  and  to  maintain  the  worker  in  health, 
the  commission  shall  establish  a  wage  board  consisting  of  not  less 
than  six  representatives  of  employers  in  the  occupation  in  ques- 
tion and  of  an  equal  number  of  persons  to  represent  the  female 
employees  in  said  occupation,  and  of  one  or  more  disinterested 
persons  appointed  by  the  commission  to  represent  the  public,  but 
the  representatives  of  the  public  shall  not  exceed  one-half  of  the 
number  of  representatives  of  either  of  the  other  parties.  The 
commission  shall  designate  the  chairman  from  among  the  repre- 
sentatives of  the  public,  and  shall  make  rules  and  regulations 
governing  the  selection  of  members  and  the  modes  of  procedure 
of  the  boards,  and  shall  exercise  exclusive  jurisdiction  over  all 
questions  arising  with  reference  to  the  validity  of  the  procedure 
and  of  the  determinations  of  the  boards.  The  members  of  wage 
boards  shall  be  compensated  at  the  same  rate  as  jurors ;  they  shall 
be  allowed  the  necessary  traveling  and  clerical  expenses  incurred 
in  the  performance  of  their  duties,-- these  payments  to  be  made 
from  the  appropriation  for  the  expenses  of  the  commission. 

SEC.  5.  The  commission  may  transmit  to  each  wage  board  all 
pertinent  information  in  its  possession  relative  to  the  wages  paid 
in  the  occupation  in  question.  Each  wage  board  shall  take  into 
consideration  the  needs  of  the  employees,  the  financial  condition 


302         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

of  the  occupation  and  the  probable  effect  thereon  of  any  increase 
in  the  minimum  wages  paid,  and  shall  endeavor  to  determine  the 
minimum  wage,  whether  by  time  rate  or  piece  rate,  suitable  for  a 
female  employee  of  ordinary  ability  in  the  occupation  in  ques- 
tion, or  for  any  or  all  of  the  branches  thereof,  and  also  suitable 
minimum  wages  for  learners  and  apprentices  and  for  minors 
below  the  age  of  eighteen  years.  When  a  majority  of  the  mem- 
bers of  a  wage  board  shall  agree  upon  minimum  wage  determina- 
tions, they  shall  report  such  determinations  to  the  commission, 
together  with  the  reasons  therefor  and  the  facts  relating  thereto. 

SEC.  6.  Upon  receipt  of  a  report  from  a  wage  board,  the  com- 
mission shall  review  the  same,  and  may  approve  any  or  all  of  the 
determinations  recommended,  or  may  disapprove  any  or  all  of 
them,  or  may  recommit  the  subject  to  the  same  or  to  a  new  wage 
board.  If  the  commission  approves  any  or  all  of  the  determina- 
tions of  the  wage  board  it  shall,  after  not  less  than  fourteen  days' 
notice  to  employers  paying  a  wage  less  than  the  minimum  wage 
approved,  give  a  public  hearing  to  such  employers,  and  if,  after 
such  public  hearing,  the  commission  finally  approves  the  deter- 
mination, it  shall  enter  a  decree  of  its  findings  and  note  thereon 
the  names  of  employers,  so  far  as  they  may  be  known  to  the  com- 
mission, who  fail  or  refuse  to  accept  such  minimum  wage  and  to 
agree  to  abide  by  it.  The  commission  shall  thereafter  publish  in 
at  least  one  newspaper  in  each  county  of  the  commonwealth  a 
summary  of  its  findings  and  of  its  recommendations.  It  shall 
also  at  such  times  and  in  such  manner  as  it  shall  deem  advisable 
publish  the  facts,  as  it  may  find  them  to  be,  as  to  the  acceptance 
of  its  recommendations  by  the  employers  engaged  in  the  industry 
to  which  any  of  its  recommendations  relate,  and  may  publish  the 
names  of  employers  whom  it  finds  to  be  following  or  refusing  to 
follow  such  recommendations.  An  employer  who  files  a  declara- 
tion under  oath  in  the  supreme  judicial  court  or  the  superior 
court  to  the  effect  that  compliance  with  the  recommendation  of 
the  commission  would  render  it  impossible  for  him  to  conduct  his 
business  at  a  reasonable  profit  shall  be  entitled  to  a  review  of  said 
recommendation  by  the  court  under  the  rules  of  equity  procedure. 
The  burden  of  proving  the  averments  of  said  declaration  shall  be 


AMKJUCAN  LEGISLATION  —  MASSACHUSETTS.  303 

upon  the  complainant.  If,  after  such  review,  the  court  shall  find 
the  averments  of  the  declaration  to  be  sustained,  it  may  issue  an 
order  restraining  the  commission  from  publishing  the  name  of 
the  complainant  as  one  who  refuses  to  comply  with  the  recom- 
mendations of  the  commission.  But  such  review,  or  any  order 
issued  by  the  court  thereupon,  shall  not  be  an  adjudication  affect- 
ing the  commission  as  to  any  employer  other  than  the  complain- 
ant, and  shall  in  no  way  affect  the  right  of  the  commission  to 
publish  the  names  of  those  employers  who  do  comply  with  its 
recommendations.  The  type  in  which  the  employers'  names  shall 
be  printed  shall  not  be  smaller  than  that  in  which  the  news  matter 
of  the  paper  is  printed.  The  publication  shall  be  attested  by  the 
signature  of  at  least  a  majority  of  the  commission. 

SEC.  7.  In  case  a  wage  board  shall  make  a  recommendation 
of  a  wage  determination  in  which  a  majority  but  less  than  two- 
thirds  of  the  members  concur,  the  commission,  in  its  discretion, 
may  report  such  recommendation  and  the  pertinent  facts  relating 
thereto  to  the  general  court. 

SEC.  8.  Whenever  a  minimum  wage  rate  has  been  established 
in  any  occupation,  the  commission  may,  upon  petition  of  either 
employers  or  employees,  reconvene  the  wage  board  or  establish 
a  new  wage  board,  and  any  recommendation  made  by  such  board 
shall  be  dealt  with  in  the  same  manner  as  the  original  recom- 
mendation of  a  wage  board. 

SEC.  9.  For  any  occupation  in  which  a  minimum  time  rate 
only  has  been  established,  the  commission  may  issue  to  any 
woman  physically  defective  a  special  license  authorizing  the  em- 
ployment of  the  licensee  for  a  wage  less  than  the  legal  minimum 
wage;  provided,  That  it  is  not  less  than  the  special  minimum 
wage  fixed  for  that  person. 

SEC.  10.  The  commission  may  at  any  time  inquire  into  the 
wages  paid  to  minors  in  any  occupation  in  which  the  majority  of 
employees  are  minors,  and  may,  after  giving  public  hearings, 
determine  minimum  wages  suitable  for  such  minors.  When  the 
commission  has  made  such  a  determination,  it  may  proceed  in  tha 


304         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

same  manner  as  if  the  determination  had  been  recommended  to 
the  commission  by  a  wage  board. 

SEC.  11.  Every  employer  of  women  and  minors  shall  keep  a 
register  of  the  names,  addresses  and  occupations  of  all  women 
and  minors  employed  by  him  and  shall,  on  request  of  the  com- 
mission or  of  the  director  of  the  bureau  of  statistics,  permit  the 
commission  or  any  of  its  members  or  agents,  or  the  director  of  the 
bureau  of  statistics  or  any  duly  accredited  agent  of  said  bureau, 
to  inspect  the  said  register  and  to  examine  such  parts  of  the  books 
and  records  of  employers  as  relate  to  the  wages  paid  to  women 
and  minors.  The  commission  shall  also  have  power  to  subpoena 
witnesses,  administer  oaths  and  take  testimony.  Such  witnesses 
shall  be  summoned  in  the  same  manner  and  be  paid  from  the 
treasury  of  the  commonwealth  the  same  fees  as  witnesses  before 
the  superior  court. 

SEC.  12.  Upon  request  of  the  commission,  the  director  of  the 
bureau  of  statistics  shall  cause  such  statistics  and  other  data  to  be 
gathered  as  the  commission  may  require,  and  the  cost  thereof 
shall  be  paid  out  of  the  appropriation  made  for  the  expenses  of 
the  commission. 

SEC.  13.  Any  employer  who  discharges  or  in  any  other  man- 
ner discriminates  against  any  employee  because  such  employee 
has  testified,  or  is  about  to  testify,  or  because  the  employer  be- 
lieves that  the  employee  may  testify,  in  any  investigation  or  pro- 
ceeding relative  to  the  enforcement  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  two  hundred  dollars,  and  not 
more  than  one  thousand  dollars  for  each  offence. 

SEC.  14.  The  commission  shall  from  time  to  time  determine 
whether  employers  in  each  occupation  investigated  are  obeying 
its  decrees,  and  shall  publish  in  the  manner  provided  in  section 
six,  the  name  of  any  employer  whom  it  finds  to  be  violating  any 
such  decree. 

SEC.  15.  Any  newspaper  refusing  or  neglecting  to  publish 
the  findings,  decrees  or  notices  of  the  commission  at  its  regular 


AMERICAN  LEGISLATION  —  MINNESOTA.  305 

rates  for  the  space  taken  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  for  each 
offence. 

SEC.  16.  No  member  of  the  commission  and  no  newspaper 
publisher,  proprietor,  editor  or  employee  thereof,  shall  be  liable 
to  an  action  for  damages  for  publishing  the  name  of  any  employer 
in  accordance  with  the  provisions  of  this  act,  unless  such  publica- 
tion contains  some  wilful  misrepresentation. 

SEC.  17.  The  commission  shall,  annually,  on  or  before  the 
first  Wednesday  in  January,  make  a  report  to  the  general  court 
of  its  investigations  and  proceedings  during  the  preceding  year. 

SEC.  18.  This  act  shall  take  effect  on  the  first  day  of  July  in 
the  year  nineteen  hundred  and  thirteen. 

[Approved  June  4,  1912.] 

MINNESOTA. 
Laws  1913.     Chapter  547. 

A~N  ACT  to  establish  a  minimum  wage  commission,  and  to  pro- 
vide for  the  determination  and  establishment  of  minimum 
wages  for  women  and  minors. 

Be  it  enacted  by  the  Legislature  of  tJie  State  of  Minnesota: 

SECTION  1.  There  is  hereby  established  a  commission  to  be 
known  as  the  minimum  wage  commission.  It  shall  consist  of 
three  persons,  one  of  whom  shall  be  the  commissioner  of  labor  who 
shall  be  the  chairman  of  the  commission,  the  governor  shall 
appoint  two  others,  one  of  whom  shall  be  an  employer  of  women, 
and  the  third  shall  be  a  woman,  who  shall  act  as  secretary  of  the 
commission.  The  first  appointments  shall  be  made  within  sixty 
days  after  the  passage  of  this  act  for  a  term  ending  January  1, 
1915.  Beginning  with  the  year  1915  the  appointments  shall  be 
for  two  years  from  the  first  day  of  January  and  until  their  suc- 
cessors qualify.  Any  vacancy  that  may  occur  shall  be  filled  in 
like  manner  for  the  unexpired  portion  of  the  term. 

SEC.  2.  The  commission  may  at  its  discretion  investigate  the 
wages  paid  to  women  and  minors  in  any  occupations  in  the  state. 


306         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

At  the  request  of  not  less  than  one  hundred  persons  engaged  in 
any  occupation  in  which  women  and  minors  are  employed,  the 
commission  shall  forthwith  make  such  investigation  as  herein 
provided. 

SEC.  3.  Every  employer  of  women  and  minors  shall  keep  a 
register  of  the  names  and  addresses  of,  and  wages  paid  to  all 
women  and  minors  employed  hy  him,  together  with  number  of 
hours  that  they  are  employed  per  day  or  per  week ;  and  every  such 
employer  shall  on  request  permit  the  commission  or  any  of  its 
members  or  agents  to  inspect  such  register. 

SEC.  4.  The  commission  shall  specify  times  to  hold  public 
hearings  at  which  employers,  employes,  or  other  interested  per- 
sons may  appear  and  give  testimony  as  to  wages,  profits  and  other 
pertinent  conditions  of  the  occupation  or  indusrty.  The  commis- 
sion or  any  member  thereof  shall  have  power  to  subpoena  wit- 
nesses, to  administer  oaths,  and  to  compel  the  production  of 
books,  papers,  and  other  evidence.  Witnesses  subpoenaed  by  the 
commission  may  be  allowed  such  compensation  for  travel  and 
attendance  as  the  commission  may  deem  reasonable,  to  an  amount 
not  exceeding  the  usual  mileage  and  per  diem  allowed  by  our 
courts  in  civil  cases. 

SEC.  5.  If  after  investigation  of  any  occupation  the  commis- 
sion is  of  opinion  that  the  wages  paid  to  one-sixth  or  more  of  the 
women  or  minors  employed  therein  are  less  than  living  wages,  the 
commission  shall  forthwith  proceed  to  establish  legal  minimum 
rates  of  wages  for  said  occupation,  as  hereinafter  described  and 
provided. 

SEC.  6.  The  commission  shall  determine  the  minimum  wages 
sufficient  for  living  wages  for  women  and  minors  of  ordinary 
ability,  and  also  the  minimum  wages  sufficient  for  living  wages 
for  learners  and  apprentices.  The  commission  shall  then  issue 
an  order,  to  be  effective  thirty  days  thereafter,  making  the  wages 
thus  determined  the  minimum  wages  in  said  occupation  through- 
out the  state,  or  within  any  area  of  the  state  if  differences  in  the 
cost  of  living  warrant  this  restriction.  A  copy  of  said  order  shall 
be  mailed,  so  far  as  practicable,  to  each  employer  affected ;  and 


AMERICAN  LEGISLATION  —  MINNESOTA.  307 

each  such  employer  shall  be  required  to  post  such  a  reasonable 
number  of  copies  as  the  commission  may  determine  in  each  build- 
ing or  other  work-place  in  which  affected  workers  are  employed. 
The  original  order  shall  be  filed  with  the  commissioner  of  labor. 

SEC.  7.  The  commission  may  at  its  discretion  establish  in 
any  occupation  an  advisory  board  which  shall  serve  without  pay, 
consisting  of  not  less  than  three  nor  more  than  ten  persons  repre- 
senting employers,  and  an  equal  number  of  persons  representing 
the  workers  in  said  occupation,  and  of  one  or  more  disinterested 
persons  appointed  by  the  commission  to  represent  the  public; 
but  the  number  of  representatives  of  the  public  shall  not  exceed 
the  number  of  representatives  of  either  of  the  other  parties.  At 
least  one-fifth  of  the  membership  of  any  advisory  board  shall  be 
composed  of  women,  and  at  least  one  of  the  representatives  of 
the  public  shall  be  a  woman.  The  commission  shall  make  rules 
and  regulations  governing  the  selection  of  members  and  the 
modes  of  procedure  of  the  advisory  boards,  and  shall  exercise 
exclusive  jurisdiction  over  all  questions  arising  with  reference 
to  the  validity  of  the  procedure  and  determination  of  said  boards. 
Provided:  that  the  selection  of  members  representing  employers 
and  employes  shall  be,  so  far  as  practicable,  through  election  by 
employers  and  employes  respectively. 

SEC.  8.  Each  advisory  board  shall  have  the  same  power  as 
the  commission  to  subpoena  witnesses,  administer  oaths,  and  com- 
pel the  production  of  books,  papers  and  other  evidence.  Wit- 
nesses subpoenaed  by  an  advisory  board  shall  be  allowed  the  same 
compensation  as  when  subpoenaed  by  the  commission.  Each  ad- 
visory board  shall  recommend  to  the  commission  an  estimate  of 
the  minimum  wages,  whether  by  time  rate  or  by  piece  rate,  suf- 
ficient for  living  wages  for  women  and  minors  of  ordinary  ability, 
and  an  estimate  of  the  minimum  wages  sufficient  for  living  wages 
for  learners  and  apprentices.  A  majority  of  the  entire  member- 
ship of  an  advisory  board  shall  be  necessary  and  sufficient  to 
recommend  wage  estimates  to  the  commission. 

SEC.  9.  Upon  receipt  of  such  estimates  of  wages  from  an 
advisory  board,  the  commission  shall  review  the  same,  and  if  it 


308         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

approves  them  shall  make  them  the  minimum  wages  in  said  occu- 
pation, as  provided  in  section  6.  Such  wages  shall  be  regarded 
as  determined  by  the  commission  itself  and  the  order  of  the  com- 
mission putting  them  into  effect  shall  have  the  same  force  and 
authority  as  though  the  wages  were  determined  without  the  assist- 
ance of  an  advisory  board. 

SEC.  10.  All  rates  of  wages  ordered  by  the  commission  shall 
remain  in  force  until  new  rates  are  determined  and  established 
by  the  commission.  At  the  request  of  approximately  one-fourth 
of  the  employers  or  employes  in  an  occupation,  the  commission 
must  reconsider  the  rates  already  established  therein  and  may,  if 
it  sees  fit,  order  new  rates  of  minimum  wages  for  said  occupation. 
The  commission  may  likewise  reconsider  old  rates  and  order  new 
minimum  rates  on  its  own  initiative. 

SEC.  11.  For  any  occupation  in  which  a  minimum  time  rate 
of  wages  only  has  been  ordered  the  commission  may  issue  to  a 
woman  physically  defective  a  special  license  authorizing  her  em- 
ployment at  a  wage  less  than  the  general  minimum  ordered  in 
said  occupation:  and  the  commission  may  fix  a  special  wage  for 
such  person.  Provided:  that  the  number  of  such  persons  shall 
not  exceed  one-tenth  of  the  whole  number  of  workers  in  any 
establishment. 

SEC.  12.  Every  employer  in  any  occupation  is  hereby  pro- 
hibited from  employing  any  worker  at  less  than  the  living  wage 
or  minimum  wage  as  defined  in  this  act  and  determined  in  an 
order  of  the  commission:  and  it  shall  be  unlawful  for  any  em- 
ployer to  employ  any  worker  at  less  than  said  living  or  minimum 
wage. 

SEC.  13.  It  shall  likewise  be  unlawful  for  any  employer  to 
discharge  or  in  any  manner  discriminate  against  any  employe 
because  such  employe  has  testified,  or  is  about  to  testify,  or 
because  such  employer  believes  that  said  employe  is  about  to 
testify,  in  any  investigation  or  proceeding  relative  to  the  enforce- 
ment of  this  act. 


AMERICAN  LEGISLATION  —  MINNESOTA.  309 

SEC.  14.  Any  worker  who  receives  less  than  the  minimum 
wage  ordered  by  the  commission  shall  be  entitled  to  recover  in 
civil  action  the  full  amount  due  as  measured  by  said  order  of  the 
commission,  together  with  costs  and  attorney's  fees  to  be  fixed  by 
the  court,  notwithstanding  any  agreement  to  work  for  a  lesser 
wage. 

SEC.  15.  The  commission  shall  enforce  the  provisions  of  this 
act,  and  determine  all  questions  arising  thereunder,  except  as 
otherwise  herein  provided. 

SEC.  16.  The  commission  shall  biennially  make  a  report  of 
its  work  to  the  governor  and  the  state  legislature,  and  such  re- 
ports shall  be  printed  and  distributed  as  in  the  case  of  other 
executive  documents. 

SEC.  17.  The  members  of  the  commission  shall  be  reimbursed 
for  traveling  and  other  necessary  expenses  incurred  in  the  per- 
formance of  their  duties  on  the  commission.  The  woman  member 
shall  receive  a  salary  of  eighteen  hundred  dollars  annually  for 
her  work  as  secretary.  All  claims  of  the  commission  for  expenses 
necessarily  incurred  in  the  administration  of  this  act,  but  not 
exceeding  the  annual  appropriation  hereinafter  provided,  shall 
be  presented  to  the  state  auditor  for  payment  by  warrant  upon 
the  state  treasurer. 

SEC.  18.  There  is  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  for  the  fiscal  year  ending 
July  31,  1914,  the  sum  of  five  thousand  dollars  $(5,000.00),  and 
for  the  fiscal  year  ending  July  31,  1915,  the  sum  of  five  thousand 
dollars  ($5,000.00). 

SEC.  19.  Any  employer  violating  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  for  each  offense  by  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars  or  by  imprisonment  for  not 
less  than  ten  nor  more  than  sixty  days. 

SEC.  20.  Throughout  this  act  the  following  words  and 
phrases,  as  used  herein,  shall  be  considered  to  have  the  following 


310         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

meanings  respectively,  unless  the  context  clearly  indicates  a  dif- 
ferent meaning  in  the  connection  used: 

(1)  The  terms  "  living  wage  "  or  "  living  wages  "  shall  mean 
wages  sufficient  to  maintain  the  worker  in  health  and  supply  him 
with  the  necessary  comforts  and  conditions  of  reasonable  life; 
and  where  the  words  "  minimum  wage  "  or  "  minimum  wages  " 
are  used  in  this  act,  the  same  shall  he  deemed  to  have  the  same 
meaning  as  "  living  wage  "  or  "  living  wages." 

(2)  The  terms  "rate"  or  "rates"  shall- mean  rate  or  rates 
of  wages. 

(3)  The  term  "  commission  "  shall  mean  the  minimum  wage 
commission. 

(4)  The  term  "  woman  "  shall  mean  a  person  of  the  female 
sex  eighteen  years  of  age  or  over. 

(5)  The  term  "  minor"  shall  mean  a  male  person  under  the 
age  of  twenty-one  years,  or  a  female  person  under  the  age  of 
eighteen  years. 

(6)  The    terms    "learner"    and    "apprentice"    may    mean 
either  a  woman  or  a  minor. 

(7)  The    terms    "worker"    or    "employe"    may    mean    a 
woman,  a  minor,  a  learner,  or  an  apprentice,  who  is  employed  for 
wages. 

(8)  The  term  "occupation"  shall  mean  any  business,  indus- 
try, trade,  or  branch  of  a  trade,  in  which  women  or  minors  are 
employed. 

SEC.  20.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

[Approved  April  26,  1913.] 


AMERICAN  LEGISLATION  —  NEBRASKA.  311 

NEBRASKA. 
Laws  1913.     Chapter  211. 

AN  ACT  to  establish  a  minimum  wage  commission  and  to  pro- 
vide for  the  determination  of  minimum  wages  for  women 
and  minors. 

Be  it  enacted  by  the  People  of  the  State  of  Nebraska: 

SECTION  1.  There  is  hereby  established  a  commission  to  be 
known  as  the  Nebraska  minimum  wage  commission.  The  gov- 
ernor is  hereby  made  a  member  of  said  commission.  Within 
thirty  days  from  the  passage  and  approval  of  this  act  he  shall 
appoint  the  following  additional  members:  deputy  commissioner, 
of  labor,  a  member  of  the  political  science  department  of  the  Uni- 
versity of  Nebraska,  one  other  member  who  shall  be  a  citizen  of 
the  state.  At  least  one  member  of  said  commission  shall  be  a 
woman.  Each  of  the  above  appointments  shall  be  for  a  period 
of  two  years  and  may  be  renewed  thereafter.  Any  vacancy 
occurring  in  the  commission  shall  be  filled  by  the  governor. 
Within  ten  days  after  such  appointment  the  commission  shall 
meet  and  organize  by  the  election  of  a  chairman  and  secretary. 

SEC.  2.  Each  commissioner  shall  be  paid  all  traveling  and 
other  expenses  incurred  in  the  performance  of  his  or  her  official 
duties.  The  commission  may  incur  other  necessary  expenses  not 
exceeding  the  biennial  appropriation  therefor  and  shall  be  pro- 
vided with  an  office  in  the  state  house  or  at  the  state  university. 

SEC.  3.  It  shall  be  the  duty  of  the  commission  to  inquire  into 
the  wages  paid  to  the  female  employees  in  any  occupation  in  the 
commonwealth,  if  the  commission  has  reason  to  believe  that  the 
wages  paid  to  a  substantial  number  of  such  employees  are  inade- 
quate to  supply  the  necessary  cost  of  living  and  to  maintain  the 
worker  in  health. 

SEC.  4.  If  after  such  investigation  the  commission  is  of  the 
opinion  that  in  the  occupation  in  question  the  wages  paid  to  a 
substantial  number  of  female  employees  are  inadequate  to  supply 
the  necessary  cost  of  living  and  to  maintain  the  worker  in  health, 
the  commission  shall  establish  a  wage  board  consisting  of  not  less 


312         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

than  three  representatives  of  employers  in  the  occupation  in 
question  and  of  an  equal  number  of  persons  to  represent  the 
female  employees  in  said  occupation,  and  in  addition  thereto  the 
three  appointed  members  of  the  commission  to  represent  the 
public.  The  chairman  of  the  commission  shall  be  chairman  of 
the  wage  board  and  shall  make  rules  and  regulations  governing 
the  procedure  of  the  board  and  exercise  jurisdiction  over  all 
questions  arising  with  reference  to  the  validity  of  the  procedure 
and  the  determinations  of  the  board.  The  secretary  of  the  com- 
mission shall  be  secretary  of  the  wage  board  and  keep  such  record 
of  hearings  and  arguments  as  the  wage  board  shall  direct.  The 
members  of  wage  boards  shall  be  compensated  at  the  same  rate  as 
jurors  in  district  court;  they  shall  be  allowed  necessary  traveling 
and  other  expenses  incurred  in  the  performance  of  their  duties, 
these  payments  to  be  made  from  the  appropriation  for  the 
expenses  of  the  commission. 

SEC.  5.  The  commission  may  transmit  to  each  wage  board  all 
pertinent  information  in  its  possession  relative  to  the  wages  paid 
in  the  occupation  in  question.  Each  wage  board  shall  take  into 
consideration  the  needs  of  the  employees,  the  financial  condition 
of  the  occupation  and  the  probable  effect  thereon  of  any  increase 
in  the  minimum  wages  paid,  and  shall  endeavor  to  determine  the 
minimum  wage,  whether  by  time  rate  or  piece  rate,  suitable  for  a 
female  employee  of  ordinary  ability  in  the  occupation  in  ques- 
tion, or  for  any  or  all  of  the  branches  thereof,  and  also  suitable 
minimum  wages  for  learners  and  apprentices  and  for  minors 
below  -the  age  of  eighteen  years.  When  two-thirds  the  members 
of  the  wage  board  shall  agree  upon  minimum  wage  determina- 
tions, they  shall  report  such  determinations  to  the  commission, 
together  with  the  reasons  therefor  and  the  facts  relating  thereto, 
and  also  the  names,  so  far  as  they  can  be  ascertained  by  the  board, 
of  employers  who  pay  less  than  the  minimum  wage  so  determined. 

SEC.  6.  Upon  receipt  of  a  .report  from  the  wage  board,  the 
commission  shall  review  the  same,  and  report  its  review  to  the 
governor.  If  the  commission  approves  any  or  all  of  the  deter- 
minations of  the  wage  board  it  shall,  after  not  less  than  thirty 
days'  notice  to  employers  paying  a  wage  less  than  the  minimum 


AMERICAN  LEGISLATION  —  NEBRASKA.  313 

wage  approved,  give  a  public  hearing  to  such  employers,  and  if, 
after  such  public  hearing  the  commission  finally  approves  the 
determination,  it  shall  enter  a  decree  of  its  findings  and  note 
thereon  the  names  of  employers,  so  far  as  they  may  be  known  to 
the  commission,  who  fail  or  refuse  to  accept  such  minimum  wage 
and  to  agree  to  abide  by  it.  The  commission  shall,  within  thirty 
days  thereafter,  publish  the  names  of  all  such  employers  in  at 
least  one  newspaper  in  each  county  in  the  commonwealth,  to- 
gether with  the  material  part  of  its  findings,  and  a  statement  of 
the  minimum  wages  paid  by  every  such  employer.  Any  employer 
upon  filing  a  declaration  under  oath  in  the  district  court  to  the 
effect  that  compliance  with  such  decree  would  endanger  the  pros- 
perity of  the  business  to  which  the  same  is  made  applicable,  shall 
be  entitled  to  a  stay  of  execution  of  such  decree,  and  a  review 
thereof  with  reference  to  the  question  involved  in  such  declara- 
tion. Such  review  shall  be  made  by  the  court  under  the  rules  of 
equity  procedure,  and  if  it  shall  be  found  by  the  court  that  com- 
pliance with  such  decree  is  likely  to  endanger  the  prosperity  of 
the  business  to  which  the  same  is  applicable,  then  an  order  shall 
issue  from  said  court  revoking  the  same.  The  type  in  which  the 
employers7  names  shall  be  printed  shall  not  be  smaller  than  that 
in  which  the  news  matter  of  the  paper  is  printed.  The  publica- 
tion shall  be  attested  by  the  signature  of  at  least  a  majority  of  the 
commission. 

SEC.  7.  In  case  a  wage  board  shall  make  a  recommendation  of 
a  wage  determination  in  which  a  majority  but  less  than  two- 
thirds  of  the  members  concur,  the  commission,  in  its  discretion, 
may  report  such  recommendation  and  the  pertinent  facts  relating 
thereto  to  the  legislature. 

SEC.  8.  Whenever  a  minimum  wage  rate  has  been  established 
in  any  occupation,  the  commission  may,  upon  petition  of  either 
employers  or  employees,  reconvene  the  wage  board  or  establish  a 
new  wage  board,  and  any  recommendation  made  by  such  board 
shall  be  dealt  with  in  the  same  manner  as  the  original  recom- 
mendation of  a  wage  board. 

SEC.  9.  For  any  occupation  in  which  a  minimum  time  rate 
only  has  been  established,  the  commission  may  issue  to  any 


314         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

woman  physically  defective  a  special  license  authorizing  the 
employment  of  the  licensee  for  a  wage  less  than  the  legal  minimum 
wage:  Provided,  that  it  is  not  less  than  the  special  minimum 
wage  fixed  for  that  person. 

SEC.  10.  The  commission  may  at  any  time  inquire  into  the 
wages  paid  to  minors  in  any  occupation  in  which  the  majority  of 
employees  are  minors,  and  may,  after  giving  public  hearings, 
determine  minimum  wages  suitable  for  such  minors.  When  the 
commission  has  made  such  a  determination,  it  may  proceed  in 
the  same  manner  as  if  the  determination  had  been  recommended 
to  the  commission  by  the  wage  board. 

SEC.  11.  Every  employer  of  women  and  minors  shall  keep  a 
register  of  the  names  and  addresses  of  all  women  and  minors 
employed  by  him,  and  shall  on  request  permit  the  commission  or 
any  of  its  members  or  agents  to  inspect  the  register.  The  com- 
mission shall  also  have  power  to  subpoena  witnesses,  administer 
oaths  and  take  testimony,  and  to  examine  such  parts  of  the  books 
and  records  of  employers  as  relate  to  the  wages  paid  to  women 
and  minors.  Such  witnesses  shall  be  summoned  in  the  same  man- 
ner and  be  paid  from  the  treasury  of  the  commonwealth  the  same 
fees  as  witnesses  before  the  District  Court. 

SEC.  12.  The  commission  may  cause  such  statistics  and  other 
data  to  be  gathered  as  it  may  deem  desirable,  and  the  cost  thereof 
shall  be  paid  out  of  the  appropriation  made  for  the  expenses  of 
the  commission. 

SEC.  13.  Any  employer  who  discharges  or  in  any  other  man- 
ner discriminates  against  any  employee  because  such  employee 
has  testified,  or  is  about  to  testify,  or  because  the  employer  be- 
lieves that  the  employee  may  testify,  in  any  investigation  or  pro- 
ceeding relative  to  the  enforcement  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  twenty-five  dollars  for  each  offense. 

SEC.  14.  The  commission  shall  from  time  to  time  determine 
whether  employers  in  each  occupation  investigated  are  obeying 
its  decrees,  and  shall  publish  in  the  manner  provided  in  section 


AMERICAN  LEGISLATION  —  OREGON.  315 

six,  the  name  of  any  employer  whom  it  finds  to  be  violating  any 
such  decree. 

SEC.  15.  Any  newspaper  publisher  or  publishers  refusing  or 
neglecting  to  publish  the  findings,  decrees  or  notices  of  the  com- 
mission at  its  regular  rates  for  the  space  taken  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  for  each  oifense. 

SEC.  16.  No  member  of  the  commission  and  no  newspaper 
publisher,  proprietor,  editor  or  employee  thereof,  shall  be  liable 
to  an  action  for  damages  for  publishing  the  name  of  any  employer 
in  accordance  with  the  provisions  of  this  act,  unless  such  publica- 
tion contains  some  wilful  misrepresentation. 

SEC.  17.  The  commission  shall  make  a  report  to  the  governor 
on  or  before  the  1st  day  of  November,  1914,  and  biennially  there- 
after, covering  the  results  secured  and  data  gathered  in  its  work. 
It  may  also  make  such  additional  reports  in  the  form  of  bulletins 
from  time  to  time  as  in  its  judgment  shall  best  serve  the  public 
interest. 

[Approved,  April  21,  1913.] 

OREGON. 
Laws  1913.     Chapter  62. 

AN  ACT  to  protect  the  lives  and  health  and  morals  of  women  and 
minor  workers,  and  to  establish  an  Industrial  Welfare  Com- 
mission and  define  its  powers  and  duties,  and  to  provide  for 
the  fixing  of  minimum  wages  and  maximum  hours  and 
standard  conditions  of  labor  for  such  workers,  and  to  provide 
penalties  for  violation  of  this  act. 

WHEREAS,  The  welfare  of  the  State  of  Oregon  requires  that 
women  and  minors  should  be  protected  from  conditions  of 
labor  which  have  a  pernicious  effect  on  their  health  and 
morals,  and  inadequate  wages  and  unduly  long  hours  and 
unsanitary  conditions  of  labor  have  such  a  pernicious  effect ; 
therefore 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 


316         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

SECTION  1.  It  shall  be  unlawful  to  employ  women  or  minors 
in  any  occupation  within  the  State  of  Oregon  for  unreasonably 
long  hours;  and  it  shall  be  unlawful  to  employ  women  or  minors 
in  any  occupation  within  the  State  of  Oregon  under  such  sur- 
roundings or  conditions  —  sanitary  or  otherwise  —  as  may  be 
detrimental  to  their  health  or  morals;  and  it  shall  be  unlawful 
to  employ  women  in  any  occupation  within  the  State  of  Oregon 
for  wages  which  are  inadequate  to  supply  the  necessary  cost  of 
living  and  to  maintain  them  in  health;  and  it  shall  be  unlawful 
to  employ  minors  in  any  occupation  within  the  State  of  Oregon 
for  unreasonably  low  wages. 

SEC.  2.  There  is  hereby  created  a  commission  composed  of 
three  commissioners,  which  shall  be  known  as  the  "  Industrial 
Welfare  Commission  " ;  and  the  word  "  commission  "  as  herein- 
after used  refers  to  and  means  said  Industrial  Welfare  Commis- 
sion ;  and  the  word  "  commissioner  "  as  hereinafter  used  refers 
to  and  means  a  member  of  said  Industrial  Welfare  Commission. 
Said  commissioners  shall  be  appointed  by  the  governor.  The  gov- 
ernor shall  make  his  first  appointments  hereunder  within  thirty 
days  after  this  bill  becomes  a  law ;  and  of  the  three  commissioners 
first  appointed,  one  shall  hold  office  until  January  1,  1914,  and 
another  shall  hold  office  until  January  1,  1915,  and  the  third 
shall  hold  office  until  January  1,  1916 ;  and  the  governor  shall 
designate  the  terms  of  each  of  said  three  first  appointees.  On  or 
before  the  first  day  of  January  of  each  year,  beginning  with  the 
year  1914,  the  governor  shall  appoint  a  commissioner  to  succeed 
the  commissioner  whose  term  expires  on  said  first  day  of  Jan- 
uary; and  such  new  appointee  shall  hold  office  for  the  term  of 
three  years  from  said  first  day  of  January.  Each  commissioner 
shall  hold  office  until  his  successor  is  appointed  and  has  qualified ; 
and  any  vacancy  that  may  occur  in  the  membership  of  said  com- 
mission shall  be  filled  by  appointment  by  the  governor  for  the 
unexpired  portion  of  the  term  in  which  such  vacancy  occurs.  A 
majority  of  said  commissioners  shall  constitute  a  quorum  to 
transact  business,  and  the  act  or  decision  of  such  a  majority  shall 
be  deemed  the  act  or  decision  of  said  commission;  and  no 
vacancy  shall  impair  the  right  of  the  remaining  commissioners  to 


AMERICAN  LEGISLATION  —  OREGON.  3 IT 

exercise  all  the  powers  of  said  commission.  The  governor  shall, 
so  far  as  practicable,  so  select  and  appoint  said  commissioners  — 
both  the  original  appointments  and  all  subsequent  appointments — 
that  at  all  times  one  of  said  commissioners  shall  represent  the 
interests  of  the  employing  class  and  one  of  said  commissioners 
shall  represent  the  interests  of  the  employed  class  and  the  third 
of  said  commissioners  shall  be  one  who  will  be  fair  and  impartial 
between  employers  and  employees  and  work  for  the  best  interests 
of  the  public  as  a  whole. 

SEC.  3.  The  first  commissioners  appointed  under  this  act 
shall,  within  twenty  days  after  their  appointment,  meet  and 
organize  said  commission  by  electing  one  of  their  number  as 
chairman  thereof  and  by  choosing  a  secretary  of  said  commission ; 
and  by  or  before  the  tenth  day  of  January  of  each  year,  beginning 
with  the  year  1914,  said  commissioners  shall  elect  a  chairman 
and  choose  a  secretary  for  the  ensuing  year.  Each  such  chair- 
man and  each  such  secretary  shall  hold  his  or  her  position  until 
his  or  her  successor  is  elected  or  chosen ;  but  said  commission  may 
at  any  time  remove  any  secretary  chosen  hereunder.  Said  secre- 
tary shall  not  be  a  commissioner;  and  said  secretary  shall  per- 
form such  duties  as  may  be  prescribed  and  receive  such  salary  as 
may  be  fixed  by  said  commission.  None  of  said  commissioners 
shall  receive  any  salary  as  such.  All  authorized  and  necessary 
expenses  of  said  commission  and  all  authorized  and  necessary 
expenditures  incurred  by  said  commission  shall  be  audited  and 
paid  as  other  state  expenses  and  expenditures  are  audited  and 
paid. 

SEC.  4.  Said  commission  is  hereby  authorized  and  empowered 
to  ascertain  and  declare,  in  the  manner  hereinafter  provided,  the 
following  things:  (a)  Standards  of  hours  of  employment  for 
women  or  for  minors  and  what  are  unreasonably  long  hours  for 
women  or  for  minors  in  any  occupation  within  the  State  of 
Oregon;  (b)  Standards  of  conditions  of  labor  for  women  or  for 
minors  in  any  occupation  within  the  State  of  Oregon  and  what 
surroundings  or  conditions  —  sanitary  or  otherwise  —  are  detri- 
mental to  the  health  or  morals  of  women  or  of  minors  in  any 
such  occupation;  (c)  Standards  of  minimum  wages  for  women 


318         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

in  any  occupation  within  the  State  of  Oregon  and  what  wages  are 
inadequate  to  supply  the  necessary  cost  of  living  to  any  such 
women  workers  and  to  maintain  them  in  good  health;  and  (d) 
Standards  of  minimum  wages  for  minors  in  any  occupation 
within  the  State  of  Oregon  and  what  wages  are  unreasonably  low 
for  any  such  minor  workers. 

SEC.  5.  Said  commission  shall  have  full  power  and  authority 
to  investigate  and  ascertain  the  wages  and  the  hours  of  lahor  and 
the  conditions  of  labor  of  women  and  minors  in  the  different 
occupations  in  which  they  are  employed  in  the  State  of  Oregon; 
and  said  commission  shall  have  full  power  and  authority,  either 
through  any  authorized  representative  or  any  commissioner  to 
inspect  and  examine  any  and  all  books  and  pay  rolls  and  other 
records  of  any  employer  of  women  or  minors  thai  in  any  way 
appertain  to  or  have  a  bearing  upon  the  question  of  wages  or  hours 
of  labor  or  conditions  of  labor  of  any  such  women  workers  or 
minor  workers  in  any  of  said  occupations  and  to  require  from  any 
such  employer  full  and  true  statements  of  the  wages  paid  to,  and 
the  hours  of  labor  of,  and  the  conditions  of  labor  of  all  women 
and  minors  in  his  employment. 

•  SEC.  6.  Every  employer  of  women  or  minors  shall  keep  a 
register  of  the  names  of  all  women  and  all  minors  employed  by 
him,  and  shall,  on  request,  permit  any  commissioner  or  any 
authorized  representative  of  said  commission  to  inspect  and 
examine  such  register.  The  word  "  minor  "  as  used  in  this  act, 
refers  to  and  means  any  person  of  either  sex  under  the  age  of 
eighteen  years ;  and  the  word  "  women ",  as  used  in  this  act, 
refers  to  and  means  a  female  person  of,  or  over,  the  age  of 
eighteen  years. 

SEC.  7.  Said  commission  may  hold  meetings  for  the  transac- 
tion of  any  of  its  business  at  such  times  and  places  as  it  may 
prescribe;  and  said  commission  may  hold  public  hearings  at  such 
times  and  places  as  it  deems  fit  and  proper  for  the  purpose  of 
investigating  any  of  the  matters  it  is  authorized  to  investigate  by 
this  act.  At  any  such  public  hearing  any  person  interested  in  the 
matter  being  investigated  may  appear  and  testify.  Said  com- 


AMERICAN  LEGISLATION  —  OREGON.  319 

mission  shall  Lave  power  to  subpoena  and  compel  the  attendance 
of  any  witness  at  any  such  public  hearing  or  at  any  session  of  any 
conference  called  and  held  as  hereinafter  provided ;  and  any  com- 
missioner shall  have  power  to  administer  an  oath  to  any  witness 
who  testifies  at  any  such  public  hearing  or  at  any  such  session  of 
any  conference.  All  witnesses  subpoenaed  by  said  commission 
shall  be  paid  the  same  mileage  and  per  diem  as  are  allowed  by 
law  to  witnesses  in  civil  cases  before  the  circuit  court  of 
Multnomah  county. 

SEC.  8.  If,  after  investigation,  said  commission  is  of  opinion 
that  any  substantial  number  of  women  workers  in  any  occupation 
are  working  for  unreasonably  long  hours  or  are  working  under 
surroundings  or  conditions  detrimental  to  their  health  or  morals 
or  are  receiving  wages  inadequate  to  supply  them  with  the  neces- 
sary cost  of  living  and  maintain  them  in  health,  said  commission 
may  call  and  convene  a  conference  for  the  purpose  and  with  the 
powers  of  considering  and  inquiring  into  and  reporting  on  the 
subject  investigated  by  said  commission  and  submitted  by  it  to 
such  conference.  Such  conference  shall  be  composed  of  not  more 
than  three  representatives  of  the  employers  in  said  occupation 
and  of  an  equal  number  of  the  representatives  of  the  employees  in 
said  occupation  and  of  not  more  than  three  disinterested  persons 
representing  the  public  and  of  one  or  more  commissioners.  Said 
commission  shall  name  and  appoint  all  the  members  of  such  con- 
ference and  designate  the  chairman  thereof.  Said  commission 
shall  present  to  such  conference  all  information  and  evidence  in 
the  possession  or  under  the  control  of  said  commission  which 
relates  to  the  subject  of  the  inquiry  by  such  conference;  and  said 
commission  shall  cause  to  be  brought  before  such  conference  any 
witnesses  whose  testimony  said  commission  deems  material  to  the 
subject  of  the  inquiry  by  such  conference.  After  completing  its 
consideration  of  and  inquiry  into  the  subject  submitted  to  it  by 
said  commission,  such  conference  shall  make  and  transmit  to  said 
commission  a  report  containing  the  findings  and  recommendations 
of  such  conference  on  said  subject.  Accordingly  as  the  subject 
submitted  to  it  may  require,  such  conference  shall,  in  its  report, 
make  recommendations  on  any  or  all  of  the  following  questions 


320         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

concerning  the  particular  occupation  under  inquiry,  to-wit: 
(a)  Standards  of  hours  of  employment  for  women  workers  and 
what  are  unreasonably  long  hours  of  employment  for  women 
workers;  (b)  Standards  of  conditions  of  labor  for  women 
workers  and  what  surroundings  or  conditions  —  sanitary  or  other- 
wise —  are  detrimental  to  the  health  or  morals  of  women 
workers;  "(c)  Standards  of  minimum  wages  for  women  workers 
and  what  wages  are  inadequate  to  supply  the  necessary  cost  of 
living  to  women  workers  and  maintain  them  in  health.  In  its 
recommendations  on  a  question  of  wages  such  conference  shall, 
where  it  appears  that  any  substantial  number  of  women  workers 
in  the  occupation  under  inquiry  are  being  paid  by  piece  rates  as 
distinguished  from  time  rate  recommend  minimum  piece  rates 
as  well  as  a  minimum  time  rate  and  recommend  such  minimum 
piece  rates  as  will,  in  its  judgment,  be  adequate  to  supply  the 
necessary  cost  of  living  to  women  workers  of  average  ordinary 
ability  and  maintain  them  in  health ;  and  in  its  recommendations 
on  a  question  of  wages  such  conference  shall,  when  it  appears 
proper  or  necessary,  recommend  suitable  minimum  wages  for 
learners  and  apprentices  and  the  maximum  lengtii  of  time  any 
woman  worker  may  be  kept  at  such  wages  as  a  learner  or  appren- 
tice, which  said  warges  shall  be  less  than  the  regular  minimum 
wages  recommended  for  the  regular  women  workers  in  the  occu- 
pation under  inquiry.  Two-thirds  of  the  members  of  any  such 
conference  shall  constitute  a  quorum;  and  the  decision  or  recom- 
mendation or  report  of  such  a  two-thirds  on  any  subject  submitted 
shall  be  deemed  the  decision  or  recommendations  or  report  of  such 
conference. 

SEC.  9.  Upon  receipt  of  any  report  from  any  conference,  said 
commission  shall  consider  and  review  the  recommendations  con- 
tained in  said  report;  and  said  commission  may  approve  any  or 
all  of  said  recommendations  or  disapprove  any  or  all  of  said 
recommendations;  and  said  commission  may  re-submit  to  the 
same  conference,  or  a  new  conference,  any  subject  covered  by  any 
recommendations  so  disapproved.  If  said  commission  approves 
any  recommendations  contained  in  any  report  from  any  confer- 
ence, said  commission  shall  publish  notice,  not  less  than  once  a 


A  MKKK'A.N      L|.<;ISI.ATIO.\      -OllEGON.  >\'2  1 


week  for  four  suc<vssivr  weeks  in  not  less  than  two  newspapers 
of  general  circulation  published  in  Aluhnomah  county,  that  it  will 
on  a  date  and  at  a  place  named  in  said  notice,  hold  a  public  meet- 
ing at  which  all  persons  in  favor  of  or  opposed  to  said  recom- 
mendations will  be  given  a  hearing;  and,  after  said  publication 
of  said  notice  and  said  meeting,  said  commission  may,  in  its  dis- 
cretion, make  and  render  such  an  order  as  may  be  proper  or  neces- 
sary to  adopt  such  recommendations  and  carry  the  same  into 
effect,  and  require  all  employers  in  the  occupation  affected  thereby 
to  observe  and  comply  with  such  recommendations  and  said  order. 
Said  order  shall  become  effective  in  sixty  days  after  it  is  made. 
and  rendered  and  shall  be  in  full  force  and  effect  on  and  after 
the  sixtieth  day  following  its  making  and  rendition.  After  said 
order  becomes  effective  and  while  it  is  effective,  it  shall  be  unlaw- 
ful for  any  employer  to  violate  or  disregard  any  of  the  terms  or 
provisions  of  said  order  or  to  employ  any  woman  worker  in  any 
occupation  covered  by  said  order  for  longer  hours  or  under  dif- 
ferent surroundings  or  conditions  or  at  lower  wages  than  are 
authorized  or  permitted  by  said  order.  Said  commission  shall, 
as  far  as  is  practicable,  mail  a  copy  of  any  such  order  to  every 
employer  affected  thereby;  and  every  employer  affected  by  any 
such  order  shall  keep  a  copy  thereof  posted  in  a  conspicuous  place 
in  each  room  in  his  establishment  in  which  women  workers  work. 
No  such  order  of  said  commission  shall  authorize  or  permit  the 
employment  of  any  woman  for  more  hours  per  day  or  per  week 
than  the  maximum  now  fixed  by  law. 

SEC.  10.  For  any  occupation  in  which  only  a  minimum  time 
rate  wage  has  been  established,  said  commission  may  issue  to  a 
woman  physically  defective  or  crippled  by  age  or  otherwise,  a 
special  license  authorizing  her  employment  at  such  wage  less  than 
said  minimum  time  rate  wage  as  shall  be  fixed  by  said  commis- 
sion and  stated  in  said  license. 

SEC.  11.  Said  commission  may  at  any  time  inquire  into  wages 
or  hours  or  conditions  of  labor  of  minors  employed  in  any  occu- 
pation in  this  state  and  determine  suitable  wages  and  hours  and 
conditions  of  labor  for  such  minors.  When  said  commission  has 
made  such  determination,  it  may  issue  an  obligatory  order  in  the 
11 


H22          APPENDIX  ITT  —  MINIMUM  WAGE  LEGISLATION. 

manner  provided  for  in  section  9  of  this  act ;  and,  after  such  order 
is  effective,  it  shall  be  unlawful  for  any  employer  in  said  occu- 
pation to  employ  a  minor  at  less  wages  or  for  more  hours  or 
under  different  conditions  of  labor  than  are  specified  or  required 
in  or  by  said  order;  but  no  such  order  of  said  commission  shall 
authorize  or  permit  the  employment  of  any  minor  for  more  hours 
per  day  or  per  week  than  the  maximum  now  fixed  by  law  or  at 
any  times  or  under  any  conditions  now  prohibited  by  law. 

SEC.  12.  The  word  "  occupation  "  as  used  in  this  act  shall  be 
so  construed  as  to  include  any  and  every  vocation  and  pursuit 
and  trade  and  industry.  Any  conference  may  make  a  separate 
inquiry  into  and  report  on  any  branch  of  any  occupation;  and 
said  commission  may  make  a  separate  order  affecting  any  branch 
of  any  occupation.  Any  conference  may  make  different  recom- 
mendations and  said  commission  may  make  different  orders  for 
the  same  occupation  in  different  localities  in  the  state  when,  in 
the  judgment  of  such  conference  or  said  commission,  different 
conditions  in  different  localities  justify  such  different  recom- 
mendations or  different  orders. 

SEC.  13.  Said  commission  shall,  from  time  to  time,  investi- 
gate and  ascertain  whether  or  not  employers  in  the  State  of 
Oregon  are  observing  and  complying  with  its  orders  and  take 
such  steps  as  may  be  necessary  to  have  prosecuted  such  employers 
as  are  not  observing  or  complying  with  its  orders. 

SEC.  14.  The  "  Commissioner  of  Labor  Statistics  and  In- 
spector of  Factories  and  Work  Shops  "  and  the  several  officers  of 
the  "  Board  of  Inspection  of  Child  Labor  "  shall,  at  any  and  all 
times,  give  to  said  commission  any  information  or  statistics  in 
their  respective  offices  that  would  assist  said  commission  in  carry- 
ing out  this  act  and  render  such  assistance  to  said  commission  as 
may  not  be  inconsistent  with  the  performance  of  their  respective 
official  duties. 

SEC.  15.  Said  commission  is  hereby  authorized  and  em- 
powered to  prepare  and  adopt  and  promulgate  rules  and  regula- 
tions for  the  carrying  into  effect  of  the  foregoing  provisions  of 


A  MKIMT'AX     LlX.TSLATIOiV  OirEflOX. 

this  act,  including  rules  and  regulations  for  the  selection  of  mem- 
bers and  the  mode  of  procedure  of  conferences. 

SEC.  16.  All  questions  of  fact  arising  under  the  foregoing 
provisions  of  this  act  shall,  except  as  otherwise  herein  provided, 
be  determined  by  said  commission,  and  there  shall  be  no  appeal 
from  the  decision  of  said  commission  on  any  such  question  of 
fact;  but  there  shall  be  a  right  of  appeal  from  said  commission 
to  the  circuit  court  of  the  State  of  Oregon  for  Multnomah  county 
from  any  ruling  or  holding  on  a  question  of  law  included  in  or 
embodied  in  any  decision  or  order  of  said  commission,  and,  on  the 
same  question  of  law,  from  said  circuit  court  to  the  Supreme 
Court  of  the  State  of  Oregon.  In  all  such  appeals  the  attorney- 
general  shall  appear  for  and  represent  said  commission. 

SEC.  17.  Any  person  who  violates  any  of  the  foregoing  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  ($25)  dollars  nor  more  than  one  hundred 
($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  days  nor  more  than  three  months,  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

SEC.  18.  Any  employer  who  discharges  or  in  any  other  man- 
ner discriminates  against  any  employee  because  such  employee 
has  testified,  or  is  about  to  testify,  or  because  such  employer  be- 
lieves that  said  employee  may  testify,  in  any  investigation  or  pro- 
ceedings under  or  relative  to  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  ($25)  dollars  nor  more  than  one 
hundred  ($100)  dollars. 

SEC.  19.  If  any  woman  worker  shall  be  paid  by  her  employer 
less  than  the  minimum  wage  to  which  she  is  entitled  under  or  by 
virtue  of  an  order  of  said  commission,  she  may  recover  in  a  civil 
action  the  full  amount  of  her  said  minimum  wage  less  any 
amount  actually  paid  to  her  by  said  employer,  together  with  such 
attorney's  fees  as  may  be  allowed  by  the  court;  and  any  agree- 
ment for  her  to  work  for  less  than  such  minimum  wage  shall  be 
no  defense  to  such  action. 


•324         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

SEC.  20.  Said  commission  shall,  oil  or  before  the  1st  day  of 
January  of  the  year  1915  and  of  each  second  year  thereafter, 
make  a  succinct  report  to  the  governor  and  legislature  of  its  work 
and  the  proceedings  under  this  act  during  the  preceding  two 
years. 

SEC.  21.  There  is  hereby  appropriated  out  of  the  general 
fund  of  the  State  of  Oregon  the  sum  of  thirty-five  hundred 
($3,500)  dollars  per  annum,  or  so  much  thereof  as  may  be  neces- 
sary per  annum,  to  carry  into  effect  the  provisions  of  this  act  and 
to  pay  the  expenses  and  expenditures  authorized  by  or  incurred 
under  this  act. 

[Filed  in  the  office  of  the  Secretary  of  State,  February  17, 
1913.] 

UTAH. 
Laws  1913.     Chapter  63. 

AN  ACT  to  establish  a  minimum  wage  for  female  workers,  pro- 
viding a  penalty  for  violation  of  the  provisions  of  this  act 
and  providing  for  its  enforcement. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

SECTION  1.  It  shall  be  unlawful  for  any  regular  employer  of 
female  workers  in  the  State  of  Utah  to  pay  any  female  less  than 
the  wage  in  this  section  specified,  to-wit: 

For  minors,  under  the  age  of  eighteen  years,  not  less  than 
seventy-five  cents  per  day;  for  adult  learners  and  apprentices  not 
loss  than  ninety  cents  per  day ;  Provided,  that  the  learning  period 
or  apprenticeship  shall  not  extend  for  more  than .  one  year ;  for 
adults  who  are  experienced  in  the  work  they  are  employed  to  per- 
form, not  less  than  one  dollar  and  twenty-five  cents  per  day. 

SEC.  2.  All  regular  employers  of  female  workers  shall  give  a 
certificate  of  apprenticeship  for  time  served  to  all  apprentices. 

SEC.  3.  Any  regular  employer  of  female  workers  who  shall 
pay  to  any  female  less  than  the  wage  specified  in  section  1  of  this 
act  shall  be  guilty  of  a  misdemeanor. 


AMERICAN  LEGISLATION  --  WASHINGTON.  325 

SEC.  4.  The  Commissioner  of  Immigration,  Labor  and  Sta- 
tistics shall  have  general  charge  of  the  enforcement  of  this  act, 
but  violations  of  the  same  shall  be  prosecuted  by  all  the  city, 
Hi  n  to  and  county  prosecuting  officers  in  the  same  manner  as  in 
other  cases  of  misdemeanor. 

[Approved  March  18,  1913.] 

WASHINGTON. 
Laws  1913.     Chapter  174. 

AN  ACT  to  protect  the  lives,  health,  morals  of  women  and 
minors,  workers,  establishing  an  industrial  welfare  commis- 
sion for  women  and  minors,  prescribing  its  powers  and 
duties,  and  providing  for  the  fixing  of  minimum  wages  and 
the  standard  condition  of  labor  for  such  workers,  and  pro- 
viding penalties  for  violation  of  the  same,  and  making  an 
appropriation  therefor. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

SECTION  1.  The  welfare  of  the  State  of  Washington  demands 
that  women  and  minors  be  protected  from  conditions  of  labor 
which  have  a  pernicious  effect  on  their  health  and  morals.  The 
State  of  Washington,  therefore,  exercising  herein  its  police  and 
sovereign  power  declares  that  inadequate  wages  and  unsanitary 
conditions  of  labor  exert  such  pernicious  effect. 

SEC.  2.  It  shall  be  unlawful  to  employ  women  or  minors  in 
any  industry  or  occupation  within  the  State  of  Washington  under 
conditions  of  labor  detrimental  to  their  health  or  morals;  and  it 
shall  be  unlawful  to  employ  women  workers  in  any  industry 
within  the  State  of  Washington  at  wages  which  are  not  adequate 
for  their  maintenance. 

SF.O.  3.  There  is  hereby  created  a  commission  to  be  known  as 
the  "  Industrial  Welfare  Commission"  for  the  State  of  Washing- 
ton, to  establish  such  standards  of  wages  and  conditions  of  labor 
for  women  and  minors  employed  within  the  State  of  Washington, 
as  shall  be  held  herennder  to  be  reasonable  and  not  detrimental 


326         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

to  health  and  morals,  and  which  shall  be  sufficient  for  the  decent 
maintenance  of  women. 

SEC.  4.  Said  commission  shall  be  composed  of  five  persons, 
four  of  whom  shall  be  appointed  by  the  governor,  as  follows: 
The  first  appointments  shall  be  made  within  thirty  (30)  days 
after  this  act  takes  effect;  one  for  the  term  ending  January  1st, 
1914;  one  for  the  term  ending  January  1st,  1915;  one  for  the 
term  ending  January  1st,  1916,  and  one  for  the  term  ending 
January  1st,  1917 :  Provided,  however,  That  at  the  expiration 
of  their  respective  terms,  their  successors  shall  be  appointed  by 
the  governor  to  serve  a  full  term  of  four  years.  ~No  person  shall 
be  eligible  to  appointment  as  a  commissioner  hereunder  who  is, 
or  shall  have  been  at  any  time  within  five  years  prior  to  the  date 
of  such  appointment,  a  member  of  any  manufacturers  or  em- 
ployers association  or  of  any  labor  union.  The  governor  shall 
have  the  power  of  removal  for  cause.  Any  vacancies  shall  be 
filled  by  the  governor  for  the  imexpired  portion  of  the  term  in 
which  the  vacancy  shall  occur.  The  commissioner  of  labor  of  the 
State  of  Washington  shall  be  ex  officio  member  of  the  commis- 
sion. Three  members  of  the  commission  shall  constitute  a 
quorum  at  all  regular  meetings  and  public  hearings. 

SEC.  5.  The  members  of  said  commission  shall  draw  no 
salaries.  The  commission  may  employ  a  secretary,  whose  salary 
shall  be  paid  out  of  the  moneys  hereinafter  appropriated.  All 
claims  for  expenses  incurred  by  the  commission  shall,  after 
approval  by  the  commission,  be  passed  to  the  state  auditor  for 
audit  and  payment. 

SEC.  6.  It  shall  be  the  duty  of  the  commission  to  ascertain 
the  wages  and  conditions  of  labor  of  women  and  minors  in  the 
various  occupations,  trades  and  industries  in  which  said  women 
and  minors  are  employed  in  the  State  of  Washington.  To  this 
end,  said  commission  shall  have  full  power  and  authority  to  call 
for  statements  and  to  examine,  either  through  its  members  or 
other  authorized  representatives,  all  books,  pay  rolls  or  other 
records  of  all  persons,  firms  and  corporations  employing  females 
or  minors  as  to  any  matters  that  would  have  a  bearing  upon  the 
question  of  wages  of  labor  or  conditions  of  labor  of  said  employes. 


AMERICAN  LEGISLATION  —  WASHINGTON.  327 

SEC.  7.  Every  employer  of  women  and  minors  shall  keep  a 
record  of  the  names  of  all  women  and  minors  employed  by  him, 
and  shall  on  request  permit  the  commission  or  any  of  its  members 
or  authorized  representatives  to  inspect  such  record. 

SEC.  8.  For  the  purposes  of  this  act  a  minor  is  defined  to  be 
a  person  of  either  sex  under  the  age  of  eighteen  (18)  years. 

SEC.  9.  The  commission  shall  specify  times  to  hold  public 
hearings,  at  which  times  employers,  employes  or  other  interested 
persons  may  appear  and  give  testimony  as  to  the  matter  under 
consideration.  The  commission  shall  have  power  to  subpoena 
witnesses  and  to  administer  oaths.  All  witnesses  subpoenaed  by 
the  commission  shall  be  paid  the  same  mileage  and  per  diem 
allowed  by  law  for  witnesses  before  the  superior  court  in  civil 
cases. 

SEC.  10.  If,  after  investigation,  the  commission  shall  find  that 
in  any  occupation,  trade  or  industry,  the  wages  paid  to  female 
employes  are  inadequate  to  supply  them  necessary  cost  of  living 
and  to  maintain  the  workers  in  health,  or  that  the  conditions  of 
labor  are  prejudicial  to  the  health  or  morals  of  the  workers,  the 
commission  is  empowered  to  call  a  conference  composed  of  an 
equal  number  of  representatives  of  employers  and  employes  in 
the  occupation  or  industry  in  question,  together  with  one  or  more 
disinterested  persons  representing  the  public;  but  the  representa- 
tives of  the  public  shall  not  exceed  the  number  of  representatives 
of  either  of  the  other  parties;  and  a  member  of  the  commission 
shall  be  a  member  of  such  conference  and  chairman  thereof.  The 
commission  shall  make  rules  and  regulations  governing  the  selec- 
tion of  representatives  and  the  mode  of  procedure  of  said  confer- 
ence, and  shall  exercise  exclusive  jurisdiction  over  all  questions 
arising  as  to  the  validity  of  the  procedure  and  of  the  recommenda- 
tions of  said  conference.  On  request  of  the  commission,  it  shall 
be  the  duty  of  the  conference  to  recommend  to  the  commission 
an  estimate  of  the  minimum  wage  adequate  in  the  occupation  or 
industry  in  question  to  supply  the  necessary  cost  of  living,  and 
maintain  the  workers  in  health,  and  to  recommend  standard*  of 
conditions  of  labor  demanded  for  the  health  and  morals  of  the 


328         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

employes.     The  findings  and  recommendations  of  the  conference 
shall  be  made  a  matter  of  record  for  the  use  of  the  commission. 

SEC.  11.  Upon  the  receipt  of  such  recommendations  from  a 
conference,  the  commission  shall  review  the  same  and  may 
approve  any  or  all  of  such  recommendations,  or  it  may  disapprove 
any  or  all  of  them  and  re-commit  the  subject  or  the  recommenda- 
tions disapproved  of  to  the  same  or  a  new  conference.  After  such 
approval  of  the  recommendations  of  a  conference  the  commission 
shall  issue  an  obligatory  order  to  be  effective  in  sixty  (60)  days 
from  the  date  of  said  order,  or  if  the  commission  shall  find  that 
unusual  conditions  necessitate  a  longer  period,  then  it  shall  fix  a 
later  date,  specifying  the  minimum  wage  for  women  in  the  occu- 
pation affected,  and  the  standard  conditions  of  labor  for  said 
women ;  and  after  such  order  is  effective,  it  shall  be  unlawful  for 
any  employer  in  said  occupation  to  employ  women  over  eighteen 
(18)  years  of  age  for  less  than  the  rate  of  wages,  or  under  condi- 
tions of  labor  prohibited  for  women  in  the  said  occupation.  The 
commission  shall  send  by  mail,  so  far  as  practicable,  to  each 
employer  in  the  occupation  in  question  a  copy  of  the  order,  and 
each  employer  shall  be  required  to  post  a  copy  of  said  order  in 
each  room  in  which  women  affected  by  the  order  are  employed. 
When  such  commission  shall  specify  a  minimum  wage  hereunder 
the  same  shall  not  be  changed  for  one  year  from  the  date  when 
such  minimum  wage  is  so  fixed. 

SEC.  12.  Whenever  wages  or  standard  conditions  of  labor 
have  been  made  mandatory  in  any  occupation,  upon  petition  of 
either  employers  or  employes,  the  commission  may  at  its  discre- 
tion re-open  the  question  and  re-convene  the  former  conference 
or  call  a  new  one,  and  any  recommendations  made  by  such  con- 
ference shall  be  dealt  with  in  the  same  manner  as  the  original 
recommendations  of  a  conference. 

SEC.  13.  For  any  occupation  in  which  a  minimum  rate  has 
been  established,  the  commission  through  its  secretary  may  issue 
to  a  woman  physically  defective  or  crippled  by  age  or  otherwise, 
or  to  any  apprentice  in  such  class  of  employment  or  occupation  as 
usually  requires  to  be  learned  by  apprentices,  a  special  license 


A.MKKM'A.X      Ll.<,ISI.ATm.\  \V  AS  1 1  I  \  (iTC)N.  olM) 

authorizing  the  employment  of  such  licensee  for  a  wage  less  than 
the  leual  minimum  wage;  and  the  commission  shall  fix  the  mini- 
mum \vam-  for  said  person,  such  special  license  to  be  issued  only 
in  such  eases  as  the  commission  may  decide  the  same  is  applied 
for  in  good  faith  and  that  such  license  for  apprentices  shall  be  in 
force  for  such  length  of  time  as  the  said  commission  shall  decide 
and  determine  is  proper. 

SKC.  14.  The  commission  may  at  any  time  inquire  into  wages, 
and  conditions  of  labor  of  minors,  employed  in  any  occupation  in 
the  state  and  may  determine  wages  and  conditions  of  labor  suit- 
able for  such  minors.  When  the  commission  has  made  such  deter- 
mination in  the  cases  of  minors  it  may  proceed  to  issue  an  obliga- 
tory order  in  the  manner  provided  for  in  section  11  of  this  act, 
and  after  such  order  is  effective  it  shall  be  unlawful  for  any  em- 
ployer in  said  occupation  to  employ  a  minor  for  less  wages  than 
is  specified  for  minors  in  said  occupation,  or  under  conditions  of 
labor  prohibited  by  the  commission  for  said  minors  in  its  order. 

SEC.  15.  Upon  the  request  of  the  commission  the  commis- 
sioner of  labor  of  the  State  of  Washington  shall  furnish  to  the 
commission  such  statistics  as  the  commission  may  require. 

SEC.  16.  Any  employer  who  discharges,  or  in  any  other  man- 
ner discriminates  against  any  employe  because  such  employe  has 
testified  or  is  about  to  testify,  or  because  such  employer  believes 
that  said  employe  may  testify  in  any  investigation  or  proceedings 
relative  to  the  enforcement  of  this  act,  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by 
a  fine  of  from  twenty-five  dollars  ($25.00)  to  one  hundred  dol- 
lars ($100.00)  for  each  such  misdemeanor. 

SKC.  17.  Any  person  employing  a  woman  or  minor  for  whom 
a  minimum  wage  or  standard  conditions  of  labor  have  been  speci- 
fied, at  less  than  said  minimum  wage,  or  under  conditions  of  labor 
prohibited  by  the  order  of  the  commission ;  or  violating  any  other 
of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars  ($25.00)  nor  more  than  one 
hundred  dollars  ($100.00). 


330         APPENDIX  TTT -- MINIMUM  WAGE  LEGISLATION".. 

SEC.  17%.  Any  worker  or  the  parent  or  guardian  of  any 
minor  to  whom  this  act  applies  may  complain  to  the  commission 
that  the  wages  paid  to  the  workers  are  less  than  the  minimum  rate 
and  the  commission  shall  investigate  the  same  and  proceed  under 
this  act  in  behalf  of  the  worker. 

SEC.  18.  If  any  employe  shall  receive  less  than  the  legal  mini- 
mum wage,  except  as  hereinbefore  provided  in  section  13,  said 
employe  shall  be  entitled  to  recover  in  a  civil  action  the  full 
amount  of  the  legal  minimum  wage  as  herein  provided,  for,  to- 
gether with  costs  and  attorney's  fees  to  be  fixed  by  the  court,  not- 
withstanding any  agreement  to  work  for  such  lesser  wage.  In 
such  action,  however,  the  employer  shall  be  credited  with  any 
wages  which  have  been  paid  upon  account. 

SEC.  19.  All  questions  of  fact  arising  under  this  act  shall  be 
determined  by  the  commission  and  there  shall  be  no  appeal  from 
its  decision  upon  said  question  of  fact.  Either  employer  or  em- 
ploye shall  have  the  right  of  appeal  to  the  superior  court  on  ques- 
tions of  law. 

SEC.  20.  The  commission  shall  biennially  make  a  report  to 
the  governor  and  state  legislature  of  its  investigations  and 
proceedings. 

SEC.  21.  There  is  hereby  appropriated  annually  out  of  any 
moneys  of  the  state  treasury  not  otherwise  appropriated,  the  sum 
of  five  thousand  dollars  ($5,000.00),  or  as  much  thereof  as  may 
be  necessary  to  meet  the  expenses  of  the  commission. 

[Approved  by  the  Governor  March  24,  1913.] 


A:\rET7Tr.\x  LEGISLATION —  WISCONSIN.  331 

WISCONSIN. 
Laws  1913.     Chapter  712. 

AN  ACT  to  create  sections  1729s — 1  to  1729s — 12,  inclusive,  of 
the  statutes,  relating  to  the  establishment  of  a  living-wage 
for  women  and  minors,  and  making  an  appropriation,  and 
providing  a  penalty. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

SECTION  1729s — 1.  The  following  terms  as  used  in  sections 
1 729s  -—  1  to  1729s  —  12,  inclusive,  shall  be  construed  as  follows : 

(1)  The   term   "  employer "   shall   mean   and   include   every 
person,  firm  or  corporation,  agent,  manager,  representative,  con- 
tractor, subcontractor  or  principal,  or  other  person  having  control 
or  direction  of  any  person  employed  at  any  labor  or  responsible 
directly  or  indirectly  for  the  wages  of  another. 

(2)  The  term  "  employe  "  shall  mean  and  include  every  per- 
son who  is  in  receipt  of  or  is  entitled  to  any  compensation  for 
labor  performed  for  any  employer. 

(3)  The  term  "wage"   and   the  term  "wages"   shall  each 
mean  any  compensation  for  labor  measured  by  time,   piece  or 
otherwise. 

(4)  The  term  "  welfare  "  shall  mean  and  include  reasonable 
comfort,  reasonable  physical  well-being,  decency,  and  moral  well- 
being. 

(5)  The  term  "living-wage"   shall  mean  compensation   for 
labor  paid,  whether  by  time,  piece-work  or  otherwise,  sufficient  to 
enable  the  employe  receiving  it  to  maintain  himself  or  herself 
under  conditions  consistent  with  his  or  her  welfare. 

SEC.  1729s — 2.  Every  wage  paid  or  agreed  to  be  paid  by  any 
employer  to  any  female  or  minor  employe,  except  as  otherwise 
provided  in  section  1729s — 7,  shall  be  not  less  than  a  living-wage. 

SEC.  1729s — 3.  Any  employer  paying,  offering  to  pay,  or 
agreeing  to  pay  to  any  female  or  minor  employe  a  wage  lower  or 


'3.32         APPENDIX  HI  -  -  MiRiMuii   WA^K  LEGISLATION. 

less  in  value  than  a  living-wage  shall  be  deemed  guilty  of  a  viola- 
tion of  sections  1729s — 1  to  1729s — 12,  inclusive,  of  the  statutes. 

SEC.  1729s — 4.  It  shall  be  the  duty  of  the  industrial  commis- 
sion and  it  shall  have  power,  jurisdiction  and  authority  to  investi- 
gate, ascertain,  determine  and  fix  such  reasonable  classifications, 
and  to  issue  general  or  special  orders,  determining  the  living 
wage,  and  to  carry  out  the  purposes  of  sections  1729s — 1  to 
1729s — 12,  inclusive,  of  the  statutes.  Such  investigations,  classi- 
fications and  orders,  arid  any  action,  proceeding,  or  suit  to  set 
aside,  vacate  or  amend  any  such  order  of  said  commission,  or  to 
enjoin  the  enforcement  thereof,  shall  be  made  pursuant  to  the 
proceeding  in  sections  2394 — 41  to  2394 — 70,  inclusive,  of  the 
statutes,  which  are  hereby  made  a  part  hereof,  so  far  as  not  incon- 
sistent with  the  provisions  of  sections  1729s — 1  to  1729s — 12, 
inclusive,  of  the  statutes ;  and  every  order  of  the  said  commission 
shall  have  the  same  force  and  effect  as  the  orders  issued  pursuant 
to  said  sections  2394 — 41  to  2394 — 70,  inclusive,  of  the  statutes, 
and  the  penalties  therein  shall  apply  to  and  be  imposed  for  any 
violation. of  sections  1729s — 1  to  1729s — 12,  inclusive,  of  the 
statutes. 

SEC.  1729s— 5.  After  July  1,  1913,  the  industrial  commis- 
sion may,  upon  its  own  initiative,  and  after  July  1,  1914,  the 
industrial  commission  shall,  within  twenty  days  after  the  filing 
of  a  verified  complaint  of  any  person  setting  forth  that  the  wages 
paid  to  any  female  or  minor  employe  in  any  occupation  are  not 
sufficient  to  enable  such  employe  to  maintain  himself  or  herself 
under  conditions  consistent  with  his  or  her  welfare,  investigate 
and  determine  whether  there  is  reasonable  cause  to  believe  that 
the  wage  paid  to  any  female  or  minor  employe  is  not  a  living 
wage. 

SEC.  1729s — 6.  If,  upon  investigation,  the  commission  finds 
that  there  is  reasonable  cause  to  believe  that  the  wages  paid  to 
any  female  or  minor  employe  are  not  a  living-wage,  it  shall 
appoint  an  advisory  wage  board,  selected  so  as  fairly  to  represent 
employers,  employes  and  the  public,  to  assist  in  its  investigations 
and  determinations.  The  living-wage  so  determined  upon  shall 
be  the  living-wage  for  all  female  or  minor  employes,  within  the 
same  class  as  established  by  the  classification  of  the  commission. 


A.MKK'ICA.X     LEGISLATION  --WISCONSIN.  333 

SEC.  1729s — 7.  The  industrial  commission  shall  make  rules 
and  regulations  whereby  any  female  or  minor  unable  to  earn  the 
living-wage  theretofore  determined  upon,  shall  be  granted  a 
license  to  work  for  a  wage  which  shall  be  commensurate  with  his 
or  her  ability.  Each  license  so  granted  shall  establish  a  wage  for 
the  licensee,  and  no  licensee  shall  be  employed  at  a  wage  less  than 
the  rate  so  established. 

SEC.  1729s — 8.  1.  All  minors  working  in  an  occupation  for 
which  a  living-wage  has  been  established  for  minors,  and  who 
shall  have  no  trade,  shall,  if  employed  in  an  occupation  which  is 
a  trade  industry,  be  indentured  under  the  provisions  of  sections 
2377  to  2386,  inclusive,  of  the  statutes. 

2.  A  "  trade "  or  a  "  trade  industry  "  within  the  meaning 
of  this  act  shall  be  a  trade  or  an  industry  involving  physical  labor 
and  characterized  by  mechanical  skill  and  training  such  as  render 
a  period  of  instruction  reasonably  necessary.    The  industrial  com- 
mission shall  investigate,  determine  and  declare  what  occupations 
and  industries  are  included  within  the  phrase  a  "  trade "  or  a 
"  trade  industry." 

3.  All  minors  working  in  an  occupation  for  which  a  living- 
wage  has  been  established  for  minors  but  which  is  not  a  trade 
industry,  who  have  no  trade,  shall  be  subject  to  the  same  provi- 
sions as  minors  between  the  ages  of  fourteen  and  sixteen  as  pro- 
vided in  section  I728c — 1  of  the  statutes. 

4.  The   industrial  commission  may  make  exceptions   to  the 
operation  of  subsections  1  and  2  of  this  section  where  conditions 
make  their  application  unreasonable. 

SEC.  1729s — 9.  Every  employer  employing  three  or  more 
females  or  minors  shall  register  with  the  industrial  commission, 
on  blanks  to  be  supplied  by  the  commission.  In  filling  out  the 
blank  he  shall  state  separately  the  number  of  females  and  the 
number  of  minors  employed  by  him,  their  age,  sex,  wages  and  the 
lulu  re  of  the  work  at  which  they  are  employed,  and  shall  give 
-•iH'h  other  information  relative  to  the  work  performed  and  the 
wages  received  as  the  industrial  commission  requires.  Each  em- 
ployer shall  also  keep  a  record  of  the  names  and  addresses  of  all 


334:         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

women  and  minors  employed  by  him,  the  hours  of  employment 
and  wages  of  each,  and  such  other  records  as  the  industrial  com- 
mission requires. 

SEC.  1729s — 10.  Any  employer  who  discharges  or  threatens 
to  discharge,  or  in  any  way  discriminates,  or  threatens  to  dis- 
criminate against  any  employe  because  the  employe  has  testified 
or  is  about  to  testify,  or  because  the  employer  believes  that  the 
employe  may  testify,  in  any  investigation  or  proceeding  relative 
to  the  enforcement  of  this  act,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  twenty-five 
dollars  for  each  offense. 

SEC.  1729s — 11.  Each  day  during  which  any  employer  shall 
employ  a  person  for  whom  a  living-wage  has  been  fixed  at  a  wage 
less  than  the  living-wage  fixed  shall  constitute  a  separate  and  dis- 
tinct violation  of  sections  17298 — 1  to  1729s — 12,  inclusive,  of 
the  statutes. 

SEC.  1729s — 12.  Any  person  may  register  with  the  industrial 
commission  a  complaint  that  the  wages  paid  to  an  employe  for 
whom  a  living-wage  has  been  established,  are  less  than  that  rate, 
and  the  industrial  commission  shall  investigate  the  matter  and 
take  all  proceedings  necessary  to  enforce  the  payment  of  a  wage 
not  less  than  the  living-wage. 

[Approved  July  31,  1914.] 


TRADE  BOARDS  ACT  OF  GREAT  BRITAIN.  335 

THE  BKITISH  MINIMUM  WAGE  LAWS. 

TRADE  BOARDS  ACT. 

Chapter  22. 

AN  ACT  to  provide  for  the  establishment  of  Trade  Boards  for 

certain  Trades.        [20th  October,  1900.] 

Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by  and 
with  the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  as  follows: 

Establishment  of  Trade  Boards  for   Trades  to   which   the   Act 

applies. 

1. — (1)  This  Act  shall  apply  to  the  trades  specified  in  the 
schedule  to  this  Act  and  to  any  other  trades  to  which  it  has  been 
applied  by  Provisional  Order  of  the  Board  of  Trade  made  under 
this  section. 

(2)  The   Board   of   Trade  may   make   a   Provisional   Order 
applying  this  Act  to  any  specified  trade  to  which  it  does  not  at 
the  time  apply  if  they  are  satisfied  that  the  rate  of  wages  pre- 
vailing in  any  branch  of  the  trade  is  exceptionally  low,  as  com- 
pared with  that  in  other  employments,  and  that  the  other  cir- 
cumstances of  the  trade  are  such  as  to  render  the  application  of 
this  Act  to  the  trade  expedient. 

(3)  If  at  any  time  the  Board  of  Trade  consider  that  the 
conditions  of  employment  in  any  trade  to  which  this  Act  applies 
have  been  so  altered  as  to  render  the  application  of  this  Act  to 
the  trade  unnecessary,  they  may  make  a  Provisional  Order  that 
this  Act  shall  cease  to  apply  to  that  trade. 

(4)  The  Board  of  Trade  may  submit  to  Parliament  for  con- 
firmation any  Provisional  Order  made  by  them  in  pursuance  of 
thi^  section,  but  no  such  Order  shall  have  effect  unless  and  until 
it  is  confirmed  by  Parliament. 

(5)  If,  while  a  Bill  confirming  any  such  Order  is  pending  in 
either  House  of  Parliament,  a  petition  is  presented  against  any 


APPENDIX  111  —  MINIMUM  WAGE  LEGISLATION. 

Order  comprised  therein,  the  Bill,  so  far  as  it  relates  to  that 
Order,  may  be  referred  to  a  select  committee,  or,  if  the  two 
Houses  of  Parliament  think  fit  so  to  order,  to  a  joint  committee 
of  those  Houses,  and  the  petitioner  shall  be  allowed  to  appear  and 
oppose  as  in  the  case  of  Private  Bills. 

(6)  Any  Act  confirming  a  Provisional  Order  made  in  pursu- 
ance of  this  section  may  be  repealed,  altered,  or  amended  by 
any  subsequent  Provisional  Order  made  by  the  Board  of  Trade 
and  confirmed  by  Parliament. 

2. — (1)  The  Board  of  Trade  shall,  if  practicable,  establish 
one  or  more  Trade  Boards  constituted  in  accordance  with  regula- 
tions made  under  this  Act  for  any  trade  to  which  this  Act  applies 
or  for  any  branch  of  work  in  the  trade. 

Where  a  Trade  Board  is  established  under  this  Act  for  any 
trade  or  branch  of  work  in  a  trade  which  is  carried  on  to  any 
substantial  extent  in  Ireland,  a  separate  Trade  Board  shall  be 
established  for  that  trade  or  branch  of  work  in  a  trade  in  Ireland. 

(2)  Where  a  Trade  Board  has  been  established  for  any  branch 
of  work  in  a  trade,  any  reference  in  this  Act  to  the  trade  for 
which  the  Board  is  established  shall  be  construed  as  a  reference 
to  the  branch  of  work  in  the  trade  for  which  the  Board  has  been 
established. 

3.  A  Trade  Board  for  any  trade  shall  consider,  as  occasion 
requires,  any  matter  referred  to  them  by  a  Secretary  of  State, 
the  Board  of  Trade,  or  any  other  Government  department,  with 
reference  to  the  industrial  conditions  of  the  trade,  and  shall  make 
a  report  upon  the  matter  to  the  department  by  whom  the  question 
has  been  referred. 

Minimum  Bates  of  Wages. 

4. — (1)  Trade  Boards  shall,  subject  to  the  provisions  of  this 
section,  fix  minimum  rates  of  wages  for  timework  for  their  trades 
(in  this  Act  referred  to  as  minimum  time-rates),  and  may  also 
fix  general  minimum  rates  of  wages  for  piecework  for  their  trades 
(in  this  Act  referred  to  as  general  minimum  piece-rates),  and 
those  rates  of  wages  (whether  time-  or  piece-rates)  may  be  fixed 


i;    1-JoAKKs  ACT  OF  (Ji?i-:.\T    MKITAIN. 

so  ;is  lo  apply  universally  to  the  trade,  or  so  as  to  apply  to  any 
special  process  in  the  work  of  the  trade  or  to  any  special  class 
of  workers  in  the  trade,  or  to  any  special  area. 

If  a  Trade  Board  report  to  the  Board  of  Trade  that  it  is 
impracticable  in  any  case  to  fix  a  minimum  time-rate  in  accord- 
ance with  this  section,  the  Board  of  Trade  may  so  far  as  respects 
that  case  relieve  the  Trade  Board  of  their  duty. 

(2)  Before  fixing  any  minimum  time-rate  or  general  mini- 
mum piece-rate,  the  Trade  Board  shall  give  notice  of  the  rate 
which  they  propose  to  fix  and  consider  any  objections  to  the  rate 
which  may  be  lodged  with  them  within  three  months. 

(o)  The  Trade  Board  shall  give  notice  of  any  minimum  time- 
rate  or  general  minimum  piece-rate  fixed  by  them. 

(4)  A  Trade  Board  may,  if  they  think  it  expedient,  cancel 
or  vary  any  minimum  time-rate  or  general  minimum  piece-rate 
fixed  under  this  Act,  and  shall  reconsider  any  such  minimum 
rate  if  the  Board  of  Trade  direct  them  to  do  so,  whether  an 
application  is  made  for  the  purpose  or  not : 

Provided  that  the  provisions  of  this  section  as  to  notice  shall 
apply  where  it  is  proposed  to  cancel  or  vary  the  minimum  rate 
fixed  under  the  foregoing  provisions  in  the  same  manner  as  they 
apply  where  it  is  proposed  to  fix  a  minimum  rate. 

(5)  A  Trade  Board  shall  on  the  application  of  any  employer 
fix  a  special  minimum  piece-rate  to  apply  as  respects  the  person 
employed  by  him  in  cases  to  which  a  minimum  time-rate  but 
no  general  minimum  piece-rate  is  applicable,  and  may  as  they 
think  fit  cancel  or  vary  any  such  rate  either  on  the  application 
of  the  employer  or  after  notice  to  the  employer,  such  notice  to  be 
given  not  less  than  one  month  before  cancellation  or  variation  of 
any  such  rate. 

5. —  (1)  Until  a  minimum  time-rate  or  general  minimum 
piece-rate  fixed  by  a  Trade  Board  has  been  made  obligatory  by 
m-der  of  the  Board  of  Trade  under  this  section,  the  operation  of 
the  rate  shall  be  limited  as  in  this  Act  provided. 


338         APPENDIX  III-- MINIMUM  WAGE  LEGISLATION. 

(2)  Upon   the  expiration  of   six  months  from  the  date  on 
which  a  Trade  Board  have  given  notice  of  any  minimum  time- 
rate  or  general  minimum  piece-rate  fixed  by  them,  the  Board  of 
Trade  shall  make  an  order  (in  this  Act  referred  to  as  an  obligatory 
order)  making  that  minimum  rate  obligatory  in  cases  in  which 
it  is  applicable  on  all  persons  employing  labour  and  on  all  persons 
employed,  unless  they  are  of  opinion  that  the  circumstances  are 
such  as  to  make  it  premature  or  otherwise  undesirable  to  make 
an  obligatory  order,  and  in  that  case  they  shall  mak«  an  order 
suspending  the  obligatory  operation  of  .the  rate  (in  this  Act  re- 
ferred to  as  an  order  of  suspension). 

(3)  Where  an  order  of  suspension  has  been  made  as  respects 
any  rate,  the  Trade  Board  may,  at  any  time  after  the  expiration 
of  six  months  from  the  date  of  the  order,  apply  to  the  Board  of 
Trade  for  an  obligatory  order  as  respects  that  rate;,  and  on  any 
such  application  the  Board  of  Trade  shall  make  an  obligatory 
order  as  respects  that  rate,  unless  they  are  of  opinion  that  a  fur- 
ther order  of  suspension  is  desirable,  and,  in  that  case,  they  shall 
make  such  a  further  order,  and  the  provisions  of  this  section  which 
are  applicable  to  the  first  order  of  suspension  shall  apply  to  any 
such  further  order. 

An  order  of  suspension  as  respects  any  rate  shall  have  effect 
until  an  obligatory  order  is  made  by  the  Board  of  Trade  under 
this  section. 

(4)  The  Board  of  Trade  may,  if  they  think  fit,  make  an  order 
to  apply  generally  as  respects  any  rates  which  may  be  fixed  by 
any  Trade  Board  constituted,  or  about  to  be  constituted,  for  any 
trade  to  which  this  Act  applies,  and  while  the  order  is  in  force 
any  minimum  time-rate  or  general  minimum  piece-rate  shall,  after 
the  lapse  of  six  months  from  the  date  on  which  the  Trade  Board 
have  given  notice  of  the  fixing  of  the  rate,  be  obligatory  in  the 
same  manner  as  if  the  Board  of  Trade  had  made  an  order  making 
the  rate  obligatory  under  this  section,  unless  in  any  particular- 
case  the  Board  of  Trade,  on  the  application  of  any  person  inter- 
ested, direct  to  the  contrary. 

The  Board  of  Trade  may  revoke  any  such  general  order  at  any 
time  after  giving  three  months7  notice  to  the  Trade  Board  of  their 
intention  to  revoke  it. 


TRADE  BOARDS  ACT  OF  GREAT  BRITAIN.  339 

6. —  (1)  Where  any  minimum  rate  of  wages  fixed  by  a  Trade 
Board  has  been  made  obligatory  by  order  of  the  Board  of  Trade 
under  this. Act,  an 'employer  shall,  in  cases  to  which  the  minimum 
rate  is  applicable,  pay  wages  to  the  person  employed  at  not  less 
than  the  minimum  rate  clear  of  all  deductions,  and  if  he  fails  to 
do  so  shall  bo  liable  on  summary  conviction  in  respect  of  each 
offence  to  a  fine  not  exceeding  twenty  pounds  and  to  a  fine  not 
exceeding  five  pounds  for  each  day  on  which  the  offence  is  con- 
tinued after  conviction  therefor. 

(2)  On  the  conviction  of  an  employer  under  this  section  for 
failing  to  pay  wages  at  not  less  than  the  minimum  rate  to  a 
person  employed,  the  court  may  by  the  conviction  adjudge  the 
employer  convicted  to  pay,  in  addition  to  any  fine,  such  sum  as 
appears  to  the  court  to  be  due  to  the  person  employed  on  account 
of  wages,  the  wages  being  calculated  on  the  basis  of  the  minimum 
rate,  but  the  power  to  order  the  payment  of  wages  under  this 
provision  shall  not  be  in  derogation  of  any  right  of  the  person 
employed  to  recover  wages  by  any  other  proceeding. 

(3)  If  a  Trade  Board  are  satisfied  that  any  worker  employed, 
or  desiring  to  be  employed,  on  time  work  in  any  'branch  of  a 
trade  to  which  a  minimum  time-rate  fixed  by  the  Trade  Board  is 
applicable  is  affected  by  any  infirmity  or  physical  injury  which 
renders  him  incapable  of  earning  that  minimum  time-rate,  and 
are  of  opinion  that  the  case  cannot  suitably  be  met  by  employing 
the  worker  on  piece-work,  the  Trade  Board  may,  if  they  think  fit, 
grant  to  the  worker,  subject  to  such  conditions,  if  any,  as  they 
prescribe,  a  permit  exempting  the  employment  of  the  worker  from 
the  provisions  of  this  Act  rendering  the  minimum  time-rate  ob- 
ligatory, and,  while  the  permit  is  in  force,  an  employer  shall  not 
be  liable  to  any  penalty  for  paying  wages  to  the  worker  at  a  rate 
less  than  the  minimum  time-rate  so  long  as  any  conditions  pre- 
scribed by  the  Trade  Board  on  the  grant  of  the  permit  are  com- 
plied with. 

(4)  On  any  prosecution  of  an  employer  under  this  section,  it 
shall  lie  on  the  employer  to  prove  by  the  production  of  proper 
wages  sheets  or  other  records  of  wages  or  otherwise  that  he  has 
not  paid,  or  agreed  to  pay,  wages  at  less  than  the  minimum  rate. 


340         APPENDIX  III  --  .MINIMUM  WAGE  LEGISLATION. 

(5)  Any  agreement  for  the  payment  of  wages  in  contravention 
of  this  provision  shall  be  void. 

7. — (1)  Where  any  minimum  rate  of  wages  has  been  fixed 
by  a  Trade  Board,  but  is  not  for  the  time  being  obligatory  under 
an  order  of  the  Board  of  Trade  made  in  pursuance  of  this  Act, 
the  minimum  rate  shall,  unless  the  Board  of  Trade  direct  to  the 
contrary  in  any  case  in  which  they  have  directed  the  Trade  Board 
to  reconsider  the  rate,  have  a  limited  operation  as  follows : 

(a-)  In  all  cases  to  which  the  minimum  rate  is  applicable  an 
employer  shall,  in  the  absence  of  a  written  agreement  to  the  con- 
trary, pay  to  the  person  employed  wages  at  not  less  than  the  min- 
imum rate,  and,  in  the  absence  of  any  such  agreement,  the  person 
employed  may  recover  wages  at  such  a  rate  from  the  employer; 

(6)  Any  employer  may  give  written  notice  to  the  Trade  Board 
by  whom  the  minimum  rate  has  been  fixed  that  he  is  willing  that 
that  rate  should  be  obligatory  on  him,  and  in  that  case  he  shall  be 
under  the  same  obligation  to  pay  wages  to  the  person  employed 
at  not  less  than  the  minimum  rate,  and  be  liable  to  the  same  fine 
for  not  doing  so,  as  he  would  be  if  an  order  of  the  Board  of  Trade 
were  in  force  making  the  rate  obligatory ;  and 

(c)  E~o  contract  involving  employment  to  which  the  minimum 
rate  is  applicable  shall  be  given  by  a  Government  department  or 
local  authority  to  any  employer  unless  he  has  given  notice  to  the 
Trade  Board  in  accordance  with  the  foregoing  provision: 

Provided  that  in  case  of  any  public  emergency  the  Board  of 
Trade  may  by  order,  to  the  extent  and  during  the  period  named 
in  the  order,  suspend  the  operation  of  this  provision  as  respects 
contracts  for  any  such  work  being  done  or  to  be  done  on  behalf  of 
the  Crown  as  is  specified  in  the  order. 

(2)  A  Trade  Board  shall  keep  a  register  of  any  notices  given 
under  this  section: 

The  register  shall  be  open  to  public  inspection  without  pay- 
ment of  any  fee,  and  shall  be  evidence  of  the  matters  .stated 
therein : 

Any  copy  purporting  to  be  certified  by  the  secretary  of  the 
Trade  Board  or  any  officer  of  the  Trade  Board  authorized  for  the 


TlJADK     HOARDS     ArT    01'    (llM-'.AT     RlMTAIX.  841 

purpose  to  IK¥  a   (rue  fopy  of  any  entry  in   the  register  shall  be 
admissible  in  evidence  without  further  proof. 

S.  An  employer  shall,  in  eases  where  persons  are  employed 
on  piece-work  and  a  minimum  time-rate  but  no  general  minimum 
piece-rate  has  been  fixed,  be  deemed  to  pay  wages  at  less  than  the 
minimum  rate — 

(a)  in  cases  where  a  special  minimum  piece-rate  has  been 
fixed  under  the  provisions  of  this  Act  for  persons  employed  by 
the  employer,  if  the  rate  of  wages  paid  is  less  than  that  special 
minimum  piece-rate;  and 

(6)  in  cases  where  a  special  minimum  piece-rate  has  not  been 
so  fixed,  unless  he  shows  that  the  piece-rate  of  wages  paid  would 
yield,  in  the  circumstances  of  the  case,  to  an  ordinary  worker  at 
least  the  same  amount  of  money  as  the  minimum  time-rate. 

9.  Any  shopkeeper,  dealer,  or  trader,  who  by  way  of  trade 
makes  any  arrangement  express  or  implied  with  any  worker  in 
pursuance  of  which  the  worker  performs  any  work  for  which  a 
minimum  rate  of  wages  has  been  fixed  under  this  Act,  shall  be 
deemed  for  the  purposes  of  this  Act  to  be  the  employer  of  the 
worker,  and  the  net  remuneration  obtainable  by  the  worker  in 
respect  of  the  work  after  allowing  for  his  necessary  expenditure 
in  connection  with  the  work  shall  be  deemed  to  be  wages. 

10. —  (1)  Any  worker  or  any  person  authorized  by  a  worker 
may  complain  to  the  Trade  Board  that  the  wages  paid  to  the 
worker  by  any  employer  in  any  case  to  which  any  minimum  rate 
fixed  by  the  Trade  Board  is  applicable  are  at  a  rate  less  than  the 
minimum  rate,  and  the  Trade  Board  shall  consider  the  matter 
and  may,  if  they  think  fit,  take  any  proceedings  under  this  Act 
on  behalf  of  the  worker. 

(2)  Before  taking  any  proceedings  under  this  Act  on  behalf 
of  the  worker,  a  Trade  Board  may,  and  on  the  first  occasion  on 
which  proceedings  are  contemplated  by  the  Trade  Board  against 
an  employer  they  shall,  take  reasonable  steps  to  bring  the  case 
to  the  notice  of  the  employer,  with  a  view  to  the  settlement  of  the 
case  without  recourse  to  proceedings. 


342         APPENDIX  TTT  --  MINIMUM  WAGE  LEGISLATION. 

Constitution,  Proceedings,  dr.  of  Trade  Boards. 

11. —  (1)  The  Board  of  Trade  may  make  regulations  with  re- 
spect to  the  constitution  of  Trade  Boards  which  shall  consist  of 
members  representing  employers  and  members  representing 
workers  (in  this  Act  referred  to  as  representative  members)  in 
equal  proportions  and  of  the  appointed  members.  Any  such  regu- 
lations may  be  made  so  as  to  apply  generally  to  the  constitution 
of  all  Trade  Boards,  or  specially  to  the  constitution  of  any  par- 
ticular Trade  Board  or  any  particular  class  of  Trade  Boards. 

(2)  Women  shall  be  eligible  as  members  of  Trade  Boards  as 
well  as  men. 

(3)  The  representative  members  shall  be  elected  or  nominated, 
or  partly  elected  and  partly  nominated  as  may  be  provided  by  the 
regulations,   and  in  framing  the  regulations  the  representation 
of  home  workers  on  Trade  Boards  shall  be  provided  for  in  all 
trades  in  which  a  considerable  proportion  of  home  workers  are 
engaged. 

(4)  The  chairman  of  a  Trade  Board  shall  be  such  one  of  the 
members  as  the  Board  of  Trade  may  appoint,  and  the  secretary  of 
the  Trade  Board  shall  be  appointed  by  the  Board  of  Trade. 

(  5  )  The  proceedings  of  a  Trade  Board  shall  not  be  invalidated 
by  any  vacancy  in  their  number,  or  by  any  defect  in"  the  appoint- 
ment, election,  or  nomination  of  any  member. 

(6)  In  order  to  constitute  a  meeting  of  a  Trade  Board,  at 
least  one-third  of  the  whole  number  of  the  representative  mem- 
bers and  at  least  one  appointed  member  must  be  present. 

(7)  The  Board  of  Trade  may  make  regulations  with  respect 
to  the  proceedings  and  meetings  of  Trade  Boards,  including  the 
method  of  voting;  but  subject  to  the  provisions  of  this  Act  and  to 
any  regulations  so  made  Trade  Boards  may  regulate  their  pro- 
ceedings in  such  manner  as  they  think  fit. 

12. — (1)  A  Trade  Board  may  establish  district  trade  com- 
mittees consisting  partly  of  members  .of  the  Trade  Board  and 
partly  of  persons  not  being  members  of  the  Trade -Board  but 


TRADF.  BOARDS  ACT  OF  GREAT  BRITAIN.  HID 

representing  employers  or  workers  engaged  in  the  trade  and  con- 
stituted in  accordance  with  regulations  made  for  the  purpose  by 
the  Boaid  of  Trade  and  acting  for  such  area  as  the  Trade  Board 
may  determine. 

(2)  Provision  shall  bo  made  by  the  regulations  for  at  least  one 
appointed  member  acting  as  a  member  of  each  district  trade  com- 
mittee, and  for  the  equal  representation  of  local  employers  and 
local  workers  on  the  committee,   and  for  the  representation  of 
homeworkers  thereon  in  the  case  of  any  trade  in  which  a  consid- 
erable proportion  of  homeworkers  are  engaged  in  the  district,  and 
also  for  the  appointment  of  a  standing  sub-committee  to  consider 
applications  for  special  minimum  piece-rates  and  complaints  made 
to  the  Trade  Board  under  this  Act,  and  for  the  reference  of  any 
applications  or  complaints  to  that  sub-committee. 

(3)  A  Trade  Board  may  refer  to  a  district  trade  committee 
for  their  report  and  recommendations  any  matter  which  they  think 
it  expedient  so  to  refer,  and  may  also,  if  they  think  fit,  delegate 
to  a  district  trade  committee  any  of  their  powers  and  duties  under 
this  Act,  other  than  their  power  and  duty  to  fix  a  minimum  time- 
rate  or  general  minimum  piece-rate. 

(4)  Where  a  district  trade  committee  has  been  established 
for  any  area,  it  shall  be  the  duty  of  the  committee  to  recommend 
to  the  Trade  Board  minimum  time-rates  and,  so  far  as  they  think 
fit,  general  minimum  piece-rates,  applicable  to  the  trade  in  that 
area,  and  no  such  minimum  rate  of  wages  fixed  under  this  Act 
and  no  variation  or  cancellation  of  such  a  rate  shall  have  effect 
within  that  area  unless  either  the  rate  or  the  variation  or  cancel- 
lation thereof,  as  the  case  may  be,  has  been  recommended  by  the 
district  trade  committee,  or  an  opportunity  has  been  given  to  the 
committee  to  report  thereon  to  the  Trade  Board,  and  the  Trade 
Board  have  considered  the  report  (if  any)  made  by  the  committee. 

13. — (1)  The  Board  of  Trade  may  appoint  such  number  of 
persons  (including  women)  as  they  think  fit  to  be  appointed 
members  of  Trade  Boards. 

(2)  Such  of  the  appointed  members  of  Trade  Boards  shall 
act  on  each  Trade  Board  or  district  trade  committee  as  may  be 


344         APPENDIX  HI -- MINIMUM  WA«E  LEGISLATION. 

directed  by  the  Board  of  Trade,  and,  in  the  case  of  a  Trade  Board 
for  a  trade  in  which  women  are  largely  employed,  at  least  one  of 
the  appointed  members  acting  shall  be  a  woman: 

Provided  that  the  number  of  appointed  members  acting  on  the 
same  Trade  Board,  or  the  same  district  trade  committee,  at  the 
same  time,  shall  be  less  than  half  the  total  number  of  members 
representing  employers  and  members  representing  workers. 

Appointment  of  Officers  and  other  Provisions  for  enforcing  Act. 

14. — (1)  The  Board  of  Trade  may  appoint  such  officers  as 
they  think  necessary  for  the  purpose  of  investigating  any  com- 
plaints and  otherwise  securing  the  proper  observance  of  this  Act, 
and  any  officers  so  appointed  shall  act  under  the  directions  of  the 
Board  of  Trade,  or,  if  the  Board  of  Trade  so  determine,  under 
the  directions  of  any  Trade  Board. 

(2)  The  Board  of  Trade  may  also,  in  lieu  of  or  in  addition  to 
appointing  any  officers  under  the  provisions  of  this  section,  if  they 
think  fit,  arrange  with  any  other  Government  Department  for 
assistance  being  given  in  carrying  this  Act  into  effect,  either  gen- 
erally or  in  any  special  cases,  by  officers  of  that  Department  whose 
duties  bring  them  into  relation  with  any  trade  to  which  this  Act 
applies. 

15. — (1)  Any  officer  appointed  by  the  Board  of  Trade  under 
this  Act,  and  any  officer  of  any  Government  Department  for  the 
time  being  assisting  in  carrying  this  Act  into  effect,  shall  have 
power  for  the  performance  of  his  duties  — 

(&)  to  require  the  production  of  wages  sheets  or  other  record 
of  wages  by  an  employer,  and  records  of  payments  made  to  out- 
workers by  persons  giving  out  work,  and  to  inspect  and  exurnine 
the  same  and  copy  any  material  part  thereof; 

(?))  to  require  any  person  giving  out  work  and  any  outworker 
to  give  any  information  which  it  is  in  his  power  to  give  with  re- 
spect to  the  names  and  addresses  of  the  persons  to  whom  the  work 
is  given  out  or  from  whom  the  work  is  received,  as  the  case  may 
be,  and 'with  respect  to  the  payments  to  be  made  for  the  work; 


TRADE  BOARDS  ACT  OF  GRKAT   HIJITAIN.  345 

(c)  at  all  reasonable  times  to  enter  any  factory  or  workshop 
and  any  place  used  for  giving  out  work  to  outworkers;  and 

(d)  to  inspect  and  copy  any  material  part  of  any  list  of  out- 
workers kept  by  an  employer  or  person  giving  out  work  to  out- 
workers. 

(2)  If  any  person  fails  to  furnish  the  means  required  by  an 
officer  as  necessary  for  any  entry  or  inspection  or  the  exercise  of 
his  powers  under  this  section,  or  if  any  person  hinders  or  molests 
any  officer  in  the  exercise  of  the  powers  given  by  this  section,  or 
refuses  to  produce  any  document  or  give  any  information  which 
any  officer  requires  him  to  produce  or  give  under  the  powers  given 
by  tliis  section,  that  person  shall  be  liable  on  summary  conviction 
in  respect  of  each  offence  to  a  fine  not  exceeding  five  pounds;  and, 
if  any  person  produces  any  wages  sheet,  or  record  of  wages,  or 
record  of  payments,  or  any  list  of  outworkers  to  any  officer  acting 
in  I  he  exercise  of  the  powers  given  by  this  section,  knowing  the 
same  io  be  false,  or  furnishes  any  information  to  any  such  officer 
knowing  the  same  to  be  false,  he  shall  be  liable,  on  summary  con- 
viction, to  a  fine  not  exceeding  twenty  pounds,  or  to  imprisonment 
for  a  term  not  exceeding  three  months,  with  or  without  hard 
labour. 

16.  Every  officer  appointed  by  the  Board  of  Trade  under  this 
Act,  and  every  officer  of  any  Government  Department  for  the  time 
being  assisting  in  carrying  this  Act  into  effect,  shall  be  furnished 
by  the  Board  or  Department  with  a  certificate  of  his  appointment, 
and  when  acting  under  any  or  exercising  any  power  conferred 
upon  him  by  this  Act  shall,  if  so  required,  produce  the  said  cer- 
tificate to  any  person  or  persons  affected. 

17. — (1)  Any  officer  appointed  by  the  Board  of  Trade  under 
this  Act,  and  any  officer  of  any  Government  Department  for  the 
time  being  assisting  in  carrying  this  Act  into  effect,  shall  have 
power  in  pursuance  of  any  special  or  general  directions  of  the 
Board  of  Trade  to  take  proceedings  under  this  Act,  and  a  Trade 
Board  ma.y  also  take  any  such  proceedings  in  the  name  of  any 
officer  appointed  by  the  Board  of  Trade  for  the  time  being  acting 
under  the  directions  of  the  Trade  Board  in  pursuance  of  this  Act, 


346         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

or  in  the  name  of  their  secretary  or  any  of  their  officers  authorised 
by  them. 

(2)  Any  officer  appointed  by  the  Board  of  Trade  under  this 
Act,  or  any  officer  of  any  Government  Department  for  the  time 
being  assisting  in  carrying  this  Act  into  effect,  and  the  secretary 
of  a  Trade  Board,  or  any  officer  of  a  Trade  Board  authorised 
for  the  purpose,  may,  although  not  a  counsel  or  solicitor  or  law 
agent,  prosecute  or  conduct  before  a  court  of  summary  jurisdiction 
any  proceedings  arising  under  this  Act. 

Supplemental. 

18. — (1)  The  Board  of  Trade  shall  make  regulations  as  to 
the  notice  to  be  given  of  any  matter  under  this  Act,  with  a  view 
to  bringing  the  matter  of  which  notice  is  to  be  given  so  far  as 
practicable  to  the  knowledge  of  persons  affected. 

(2)  Every  occupier  of  a  factory  or  workshop,  or  of  any  place 
used  for  giving  out  work  to  outworkers,  shall,  in  manner  directed 
by  regulations  under  this  section,  fix  any  notices  in  his  factory  or 
workshop  or  the  place  used  for  giving  out  work  to  outworkers 
which  he  may  be  required  to  fix  by  the  regulations,  and  shall 
give  notice  in  any  other  manner,  if  required  by  the  regulations, 
to  the  persons  employed  by  him  of  any  matter  of  which  he  is 
required  to  give  notice  under  the  regulations: 

If  the  occupier  of  a  factory  or  workshop,  or  of  any  place  used 
for  giving  out  work  to  outworkers,  fails  to  comply  with  this  pro- 
vision, he  shall  be  liable  on  summary  conviction  in  respect  of  each 
jffence  to  a  fine  not  exceeding  forty  shillings. 

19.  Regulations  made  under  this  Act  shall  be  laid  as  soon 
as  possible  before  both  Houses  of  Parliament,  and,  if  either  House 
within  the  next  forty  days  after  the  regulations  have  been  laid 
before  that  House  resolve  that  all  or  any  of  the  regulations  ought 
to  be  annulled,  the  regulations  shall,  after  the  date  of  the  resolu- 
tion, be  of  no  effect,  without  prejudice  to  the  validity  of  anything 
done  in  the  meantime  thereunder  or  to  the  making  of  any  new 
regulations.  If  one  or  more  of  a  set  of  regulations  are  annulled, 
the  Board  of  Trade  may,  if  they  think  fit,  withdraw  the  whole  set. 


TRADE  BOARDS  ACT  OF  GREAT  BRITAIN.  347 

20. — (1)  His  Majesty  may,  by  Order  in  Council,  direct  that 
any  powers  to  be  exercised  or  duties  to  be  performed  by  the  Board 
of  Trade  under  this  Act  shall  be  exercised  or  performed  generally, 
or  in  any  special  cases  or  class  of  cases,  by  a  Secretary  of  State, 
and,  while  any  such  Order  is  in  force,  this  Act  shall  apply  as  if, 
so  far  as  is  necessary  to  give  effect  to  the  Order,  a  Secretary  of 
State  were  substituted  for  the  Board  of  Trade. 

(2)  Any  Order  in  Council  under  this  section  may  be  varied 
or  revoked  by  any  subsequent  Order  in  Council. 

21.  There  shall  be  paid  out  of  moneys  provided  by  Parlia- 
ment— 

(1)  Any  expenses,  up  to  an  amount  sanctioned  by  the  Treas- 
ury, which  may  be  incurred  with  the  authority  or  sanction  of  the 
Board  of  Trade  by  Trade  Boards  or  their  committees  in  carrying 
into  effect  this  Act;  and 

(2)  To  appointed  members  and  secretaries  of  Trade  Boards 
and  to  officers  appointed  by  the  Board  of  Trade  under  this  Act 
such  remuneration  and  expenses   as  may  be  sanctioned  by  the 
Treasury;  and 

(3)  To  representative  members  of  Trade  Boards  and  members 
(other  than  appointed  members)  of  district  trade  committees  any 
expenses   (including  compensation  for  loss  of  time),   up  to  an 
amount  sanctioned  by  the  Treasury,  which  may  be  incurred  by 
them  in  the  performance  of  their  duties  as  such  members;  and 

(4)  Any  expenses,  up  to  an  amount  sanctioned  by  the  Treas- 
ury, which  may  be  incurred  by  the  Board  of  Trade  in  making 
inquiries,  or  procuring  information,  or  taking  any  preliminary 
stops  with  respect  to  the  application  of  this  Act  to  any  trade  to 
which  the  Act  does  not  apply,  including  the  expenses  of  obtaining 
a  Provisional  Order,  or  promoting  any  Bill  to  confirm  any  Pro- 
visional Order  made  under,  or  in  pursuance  of,  the  provisions 
of  this  Act. 

22. — (1)  This  Act  may  be  cited  as  the  Trade  Boards  Act, 
1909. 

('LM  This  AH  shall  come  into  operation  on  the  first  day  of 
J;iim;iry  nineteen  hundred  and  ten. 


348         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

COAL  MINES  (MINIMUM  WAGE)  ACT. 

A~N  ACT  to  provide  a  Minimum  Wage  in  the  case  of  Workmen 
employed  underground  in  Coal  Mines  (including  Mines  of 
Stratified  Ironstone),  and  for  purposes  incidental  thereto. 

[29th  March  1912.] 

Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by  and 
with  the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  as  follows: 

1. — (1)  It  shall  be  an  implied  term  of  every  contract  for  the 
employment  of  a  workman  underground  in  a  coal  mine  that  the 
employer  shall  pay  to  that  workman  wages  at  not  less  than  the 
minimum  rate  settled  under  this  Act  and  applicable  to  that  work- 
man, unless  it  is  certified  in  manner  provided  by  the  district 
rules  that  the  workman  is  a  person  excluded  under  the  district 
rules  from  the  operation  of  this  provision,  or  that  the  workman 
has  forfeited  the  right  to  wages  at  the  minimum  rate  by  reason 
of  his  failure  to  comply  with  the  conditions  with  respect  to  the 
regularity  or  efficiency  of  the  work  to  be  performed  by  workmen 
laid  down  by  those  rules ;  and  any  agreement  for  the  payment 
of  wages  in  so  far  as  it  is  in  contravention  of  this  provision  shall 
be  void. 

For  the  purposes  of  this  Act,  the  expression  "  district  rules  " 
means  rules  made  under  the  powers  given  by  this  Act  by  the  joint 
district  board. 

(2)  The  district  rules  shall  lay  down  conditions,  as  respects 
the  district  to  which  they  apply,  with  respect  to  the  exclusion 
from  the  right  to  wages  at  the  minimum  rate  of  aged  workmen 
and  infirm  workmen  (including  workmen  partially  disabled  by 
illness  or  accident),  and  shall  lay  down  conditions  with  respect 
to  the  regularity  and  efficiency  of  the  work  to  be  performed  by 
the  workmen,  and  with  respect  to  the  time  for  which  a  workman 
is  to  be  paid  in  the  event  of  any  interruption  of  work  due  to  an 
emergency,  and  shall  provide  that  a  workman  shall  forfeit  the 
right  to  wages  at  the  minimum  rate  if  he  does  not  comply  with 
conditions  as  to  regularity  and  efficiency  of  work,  except  in  cases 


COAL  MINKS  ACT  OF  (IIIKAT  UIMTAIN. 

where  the  failure  to  comply  with  the  conditions  is  due  to  s 
cause  over  which  he  has  110  control. 

The  district  rules  shall  also  make  provision  with  respect  to 
the  persons  by  whom  and  the  mode  in  which  any  question, 
whether  any  workman  in  the  district  is  a  workman  to  whom  the 
minimum  rate  of  wages  is  applicable,  or  whether  a  workman  has 
complied  with  the  conditions  laid  down  by  the  rules,  or  whether 
a  workman  who  has  not  complied  with  the  conditions  laid  down 
by  the  rules  has  forfeited  his  right  to  wages  at  the  minimum  rate, 
is  to  be  decided,  and  for  a  certificate  being  given  of  any  such 
decision  for  the  purposes  of  this  section. 

(3)  The  provisions  of  this  section  as  to  payment  of  wages 
at  a  minimum  rate  shall  operate  as  from  the  date  of  the  passing 
of  this  Act,  although  a  minimum  rate  of  wages  may  not  have 
been  settled,  and  any  sum  which  would  have  been  payable  under 
this  section  to  a  workman  on  account  of  wages  if  a  minimum 
rate  had  been  settled  may  be  recovered  by  the  workman  from  his 
employer  at  any  time  after  the  rate  is  settled. 

2. — (1)  Minimum  rates  of  wages  and  district  rules  for  the 
purposes  of  this  Act  shall  be  settled  separately  for  each  of  the 
districts  named  in  the  Schedule  to  this  Act  by  a  body  of  persons 
recognized  by  the  Board  of  Trade  as  the  joint  district  board  for 
that  district. 

Nothing  in  this  Act  shall  prejudice  the  operation  of  any  agree- 
ment entered  into  or  custom  existing  before  the  passing  of  this 
Act  for  the  payment  of  wages  at  a  rate  higher  than  the  mini- 
mum rate  settled  under  this  Act,  and  in  settling  any  minimum 
rate  of  wages  the  joint  district  board  shall  have  regard  to  the 
average  daily  rate  of  wages  paid  to  the  workmen  of  the  class  for 
which  the  minimum  rate  is  to  be  settled. 

(2)  The  Board  of  Trade  may  recognize  as  a  joint  district 
board  for  any  district  any  body  of  persons,  whether  existing  at 
the  time  of  the  passing  of  this  Act  or  constituted  for  the  purposes 
of  this  Act,  which  in  the  opinion  of  the  Board  of  Trade  fairly 
and  adequately  represents  the  workmen  in  coal  mines  in  the  dis- 
trict and  the  employers  of  those  workmen,  and  the  chairman  of 


3r>0          APPENDIX  TTT  -  -  MixmrM  WAGE  LEOTSLATTOX. 


which  is  an  independent  person  appointed  by  agreement  between 
the  persons  representing  the  workmen  and  employers  respectively 
on  the  body,  or  in  default  of  agreement  by  the  Board  of  Trade. 
The  Board  of  Trade  may,  as  a  condition  of  recognizing  as  a 
joint  district  board  for  the  purposes  of  this  act  any  body  the 
rules  of  which  do  not  provide  for  securing  equality  of  voting 
power  between  the  members  representing  workmen  and  the  mem- 
bers representing  employers  and  for  giving  the  chairman  a  cast- 
ing vote  in  case  of  difference  between  the  two  classes  of  members, 
require  that  body  to  adopt  any  such  rule  as  the  Board  of  Trade 
may  approve  for  the  purpose,  and  any  rule  so  adopted  shall  be 
deemed  to  be  a  rule  governing  the  procedure  of  the  body  for  the 
purposes  of  this  Act. 

(3)  The  joint  district  board  of  a  district  shall  settle  general 
minimum  rates  of  wages  and  general  district  rules  for  their  dis- 
trict (in  this  Act  referred  to  as  general  district  minimum  rates 
and  general  district  rules),   and  the  general  district  minimum 
rates    and   general    district   rules    shall   be   the   rates    and   rules 
applicable  throughout  the  whole  of  the  district  to  all  coal  mines 
in  the  district  and  to  all  workmen  or  classes  of  workmen  em- 
ployed underground  in  those  mines,  other  than  mines  to  which 
and  workmen  to  whom  a  special  minimum  rate  or  special  district 
rules  settled  under  the  provisions  of  this  Act  is  or  are  applicable, 
or  mines  to  which  and  workmen  to  whom  the  joint  district  board 
declare  that  the  general  district  rates  and  general  district  rules 
shall   not   be   applicable   pending   the   decision   of   the   question 
whether  a  special  district  rate  or  special  district  rules  ought  to 
be  settled  in  their  case. 

(4)  The  joint  district  board  of  any  district  may,   if  it  is 
shown  to  them  that  any  general  district  minimum  rate  or  general 
district  rules  are  not  applicable  in  the  case  of  any  group  or  class 
of  coal  mines  within  the  district,  owing  to  the  special  circum- 
stances of  the  group  or  class  of  mines,  settle  a  special  minimum 
rate   (either  higher  or  lower  than  the  general  district  rate)   or 
special  district  rules  (either  more  or  less  stringent  than  the  gen- 
eral district  rules)  for  that  group  or  class  of  mines,  and  any  such 
special  rate  or  special  rules  shall  be  the  rate  or  rules  applicable 


fVm,  MINKS  ATT  070  ORKAT  F*TUTATN.  .°>r»1 

to  that  group  or  class  of  mines   instead  of  the  general  district 
minimum  rate  or  general  district  rules. 

(5)  For  the  purpose  of  sHlling  minimum   rates  of  wage,  the 
joint  district  board  may  subdivide  their  district  into  two  parts 
or,  if  the  members  of  the  joint  district  board  representing  the 
workmen  and  the  members  representing  the  employers  agree,  into 
more  than  two  parts,  and  in  that  case  each  part  of  the  district 
as  so  subdivided  shall,  for  the  purpose  of  the  minimum  rate,  be 
treated  as  the  district. 

(6)  For   the   purpose   of   settling   district   rules,    any    joint 
district  boards  may  agree  that  their  districts  shall  be  treated  as 
one  district,  and  in  that  case  those  districts  shall  be  treated  for 
that  purpose  as  one  combined  district,  with  a  combined  district 
committee  appointed  as  may  be  agreed  between  the  joint  district 
boards  concerned,  and  the  chairman  of  such  one  of  the  districts 
forming  the  combination  as  may  be  agreed  upon  between  the 
joint  district  boards  concerned,  or,  in  default  of  agreement,  deter- 
mined by  the  Board  of  Trade,  shall  be  the  chairman  of  the  com- 
bined district  committee. 

3. — (1)  Any  minimum  rate  of  wages  or  district  rules  settled 
under  this  Act  shall  remain  in  force  until  varied  in  accordance 
with  the  provisions  of  this  Act. 

(2)  The  joint  district  board  of  a  district  shall  have  power  to 
vary  any  minimum  rate  of  wages  or  district  rules  for  the  time 
being  in  force  in  their  district  — 

(a)  At  any  time  by  agreement  between  the  members  of  the 
joint  district  board  representing  the  workmen  and  the  members 
representing  the  employers;  and 

(b)  After  one  year  has  elapsed  since  the  rate  or  rules  were 
last  settled  or  varied,  on  an  application  made  (with  three  months' 
notice  given  after  the  expiration  of  the  year)  by  any  workmen 
or  employers,  which  appears  to  the  joint  district  board  to  repre- 
sent any  considerable  body  of  opinion,  amongst  either  the  work- 
men or  the  employers  concerned; 


352          APPENDIX  III '--  MINIMUM   WAGI-:    LEGISLATION. 

and  the  provisions  of  this  Act  as  to  the  settlement  of  minimum 
rates  of  wages  or  district  rules  shall,  so  far  as  applicable,  apply 
to  the  variation  of  any  such  rate  or  rules. 

4. — (1)  If  within  two  Aveeks  after  the  passing  of  this  Act  a 
joint  district  board  has  not  been  recognized  by  the  Board  of 
Trade  for  any  district,  or  if  at  any  time  after  the  passing  of  this 
Act  any  occasion  arises  for  the  exercise  or  performance  in  any 
district  of  any  power  or  duty  under  this  Act  by  the  joint  district 
board,  and  there  is  no  joint  district  board  for  the  district,  the 
Board  of  Trade  may,  either  forthwith  or  after  such  interval  as 
may  seem  to  them  necessary  or  expedient,  appoint  such  person 
as  they  think  fit  to  act  in  the  place  of  the  joint  district  board, 
and,  while  that  appointment  continues,  this  Act  shall  be  construed, 
so  far  as  respects  that  district,  as  if  the  person  so  appointed  were 
substituted  for  the  joint  district  board. 

The  Board  of  Trade  in  any  such  case  where  it  appears  to  them 
that  the  necessity  for  the  exercise  of  their  powers  under  this  pro- 
vision arises  from  the  failure  of  the  employers  to  appoint  mem- 
bers to  represent  employers  on  a  board  when  the  workmen  are 
willing  to  appoint  members  to  represent  workmen,  or  from  the 
failure  of  the  workmen  to  appoint  members  to  represent  work- 
men on  a  board  when  the  employers  are  willing  to  appoint  mem- 
bers to  represent  employers,  may,  if  they  think  fit,  instead  of 
appointing  a  person  to  act  in  place  of  the  joint  district  board, 
appoint  such  persons  as  they  think  fit  to  represent  the  employers 
or  the  workmen,  as  the  case  may  be,  who  have  failed  to  appoint 
members  to  represent  them;  and  in  that  case  the  members  so 
appointed  by  the  Board  of  Trade  shall  be  deemed  to  be  members 
of  the  board  representing  employers  or  workmen  as  the  case 
requires. 

(2)  If  the  joint  district  board  within  three  weeks  after  the 
time  at  which  it  has  been  recognized  under  this  Act  for  any 
district  fail  to  settle  the  first  minimum  rates  of  wages  and  district 
rules  in  that  district,  or  if  the  joint  district  board,  within  three 
weeks  after  the  expiration  of  a  notice  for  an  application  under 
this  Act  to  vary  any  minimum  rate  of  wages  or  district  rules 
fail  to  deal  with  the  application,  the  chairman  of  the  joint  dis- 


COAL  MINES  ACT  OF  GREAT  BRITAIN.  353 

trict  board  shall  settle  the  rates  or  rules  or  deal  with  the  appli- 
cation, as  the  case  may  be,  in  place  of  the  joint  district  board, 
and  any  minimum  rate  of  wages  or  district  rules  settled  by  him 
shall  have  the  same  effect  for  the  purposes  of  this  Act  as  if  they 
had  been  settled  by  the  joint  district  board: 

Provided  that,  if  the  members  of  the  joint  district  board 
representing  the  workmen  and  the  members  representing  the 
employers  agree,  or  if  the  chairman  of  the  joint  district  board 
directs,  that  a  specified  period  longer  than  three  weeks  shall  for 
the  purposes  of  this  subsection  be  substituted  for  three  weeks, 
this  subsection  shall  have  e.ffect  as  if  that  specified  period  were 
therein  substituted  for  three  weeks. 

5.— (1)      In  this  Act- 

The  expression  "  coal  mine "  includes  a  mine  of  stratified 
ironstone ; 

The  expression  "  workman  "  means  any  person  employed  in  a 
coal  mine  below  ground  other  than  — 

(a)     A  person  so  employed  occasionally  or  casually  only;  or 

(&)  A  person  so  employed  solely  in  surveying  or  measur- 
ing; or 

(c)  A  person  so  employed  as  mechanic;  or 

(d)  The  manager  or  any  under-manager  of  the  mine;  or 

(e)  Any  other  official  of  the  mine  whose  position  in  the  mine 
is  recognized  by  the  joint  district  board  as  being  a  position  dif- 
ferent from  that  of  a  workman. 

(2)  If  it  is  thought  fit  by  any  persons  when  appointing  a 
chairman  for  the  purposes  of  this  Act,  or  by  the  Board  of  Trade 
when  so  appointing  a  chairman,  the  office  of  chairman  may  be 
committed  to  three  persons,  and  in  that  case  those  three  persons 
acting  by  a  majority  shall  be  deemed  to  be  the  chairman  for  the 
purposes  of  this  Act. 

G. —  (1)  This  Act  may  be  cited  as  the  Coal  Mines  (Minimum 
Wage)  Act,  1912. 

(2)     This  Act  shall  continue  in  force  for  three  years  from  the 
date  of  the  passing  thereof  and  no  longer,  unless  Parliament  shall 
otherwise  determine. 
12 


354          Ai'PENPix    TTT  --  MINIMUM  WATJK 


THE  VICTOKIAN  SPECIAL  BOAKDS  ACT. 

SPECIAL  BOAKDS. 
(1)   Appointment  of  Boards. 

133.  (1)  (Act  2386.)  Every  Special  Board  purporting  to 
have  been  appointed  prior  to  the  commencement  of  this  Act  shall 
be  deemed  to  have  been  validly  appointed. 

(2)  Where  a  resolution  is  or  has  been  passed  by  both  Houses 
of  Parliament  declaring  that  it  is  expedient  to  appoint  any  Special 
Board  to  determine  the  lowest  prices  or  rates  which  may  be  paid 
to  any  person  or  persons  or  classes  of  persons  employed  anywhere 
in  Victoria   (whether  in  a  factory  or  not)   in  any  process  trade 
business  or  occupation  or  any  group  thereof  specified  in  the  reso- 
lution or  where  any  Special  Board  has  prior  to  the  commencement 
of  this  Act  been  appointed  for  any  process  trade  business  or  occu- 
pation  or  any  group  thereof  the  Governor  in  Council  may  if 
he  thinks  fit  from  time  to  time  — 

(a)  appoint  one  or  more  Special  Boards  for  any  one  of  such 
processes  trades  businesses  or  occupations  or  for  any  branch  or 
branches  thereof  or  for  any  group  or  groups  thereof;  and 

(b)  define  the  area  or  locality   (including  the  whole  or  any 
part  or  parts  of  Victoria)'"  within  which  the  Determination  of 
each  of  such  Special  Boards  shall  be  operative;  and  extend  or  re- 
define any  such  area  or  locality  ;  and 

(c)  as  between  any  two  or  more  'Special  Boards,  adjust  the 
powers  which  such  Boards  or  any  of  them  may  lawfully  exercise, 
and  for  that  purpose  deprive  any  Special  Board  of  any  of  its 
powers  and  confer  them  upon  any  other  Special  Board. 

(3)  When  any  Special  Board  is  deprived  of  any  of  its  powers 
pursuant  to  this  section  any  Determination  thereof  or  of  the  Court 
of  Industrial  Appeals  made  before  such  deprivation  under  any 
power  of  which  the  Special  Board  is  deprived  shall  continue  in 
operation   until   superseded  by  a  Determination  of   the  'Special 

*  Compare  limitations  as  to  certain  occupations  in  section  9  ante.  (In  a 
few  cases  foot  notes  refer  to  sections  of  compiled  factories  law,  March,  1913, 
not  here  included.) 


Mi  M.MTM   \V.\iJi-:    LAW   OK  VICTORIA.  .°>f>r> 

Board  upon  which  such  power  is  conferred,  and  upon  such  Deter- 
mination beinii;  made  shall  cease  to  have  effect. 

(4)  Where  under  ihis  section  the  area  or  locality  within  which 
the   Determination  of  any   Special  Board  is   to  be  operative  is 
extended  so  as  to  include  any  part  or  parts  of  Victoria  outside  the 
Metropolitan  District  or  outside  any  city  town  or  borough  the 
Governor  in  Council  if  in  any  case  he  think®  it  necessary  may 
appoint  a  new  Special  Board  to  take  the  place  of  the  Special 
Board  the  operation  of  whose  Determination  is  so  extended. 

(5)  Where  any  new  Special  Board  is  so  appointed  any  De- 
termination of  the  Board  whose  place  it  takes  or  of  the  Court  of 
Industrial   Appeals  theretofore  made  'shall   within   the  area   or 
locality  for  which  the  Determination  was  made  continue  in  opera- 
tion until  superceded  by  a  Determination  of  the  new  Special  Board 
and  upon  such  Determination  being  made  shall  cease  to  have 
effect. 

(6)  Each  Special  Board  shall  consist  of  not  less  than  four  nor 
more  than  ten  members  and  a  chairman. 

134.  (Act  2386.)      The  Governor  in  Council  may  by  Order 
published  in  the  Government  Gazette  direct  that  any  Special  Board 
may  in  any  regulation  Determination  Order  or  instrument  or  legal 
proceedings   be   described   for  all   purposes  by   some   short  title 
specified  in  such  Order. 

135.  (1)      (Act  2386.)      The  Governor  in  Council  may  by  an 
order  published  in  the  Government  Gazette  extend  the  powers 
under  this  Act  of  any  Special  Board  so  that  such  Board  may  fix 
the  lowest  prices  or  rates  for  any  articles  or  process  trade  or  busi- 
ness   or    part    of    any    such    process    trade    or    business    which 
in     the    opinion     of     the     Governor     in     Council     are    of     the 
same  or  similar  class  or  character  as  those  for  which  such  Board 
was  appointed,  and  such  Board  shall  as  regards  the  articles  process 
trade  or  business  mentioned  in  the  extending  Order  in  Council 
have  all  the  powers  conferred  on  a  Special  Board  by  this  Act. 

(2)     A  copy  of  the  Government  Gazette  containing  an  order 
so  extending  the  powers  of  a  Special  Board  shall  be  conclusive 


350         APPENDIX  TTI -- MINIMUM  WAGE  LEGISLATION. 

evidence  of  the  making  of  such  order  and  such  order  shall  not 
be  liable  to  'be  challenged  or  disputed  in  any  Court  whatever. 

136.  (1)      (Act  2386.)      One-half  of  the  members  of  a  Special 
Board  shall  be  appointed  as  representatives  of  employers  and  one- 
half  as  representatives  of  employes.* 

(2)  The  representatives  of  the  employers  shall  be  ~bona  fide 
and  actual  employers  in  the  trade  concerned,  or  shall  have  been 
so  for  six  months  during  the  three  years  immediately  preceding 
their  appointment  and  the  representatives  of  the  employes  shall  be 
actual  and  bona  fide  employes  in  such  trade  or  shall  have  been 
so  for  six  months  during  the  three  years  immediately  preceding 
their  appointment. 

(3)  (a)     Appointments  as  members  of  any  Special  Board  shall 
be  for  three  years  only,  but  any  member  of  a  Special  Board  may 
on  the  expiration  of  his  term  of  office  be  re-appointed  thereto; 

(Z>)  The  Chairman  of  any  Special  Board  shall  be  deemed  and 
taken  to  be  a  member  thereof ;  and 

(c)  The  Governor  in  Council  may  at  any  time  remove  any 
member  of  a  Special  Board. 

137.  (1)      (Act  2386.)     Before  appointing  the  members  of 
any  Special  Board  the  Minister  may  by  notice  published  in  the 
Government  Gazette  nominatef  persons  as  representatives  of  em- 
ployers and  representatives  of  employes  to  be  appointed  as  mem- 
bers of  such  Special  Board. 

(2)  In  any  case  where  one-fifth  of  the  employers  or  employes 
in  any  process  trade  business  or  occupation  carry  on  or  are  en- 
gaged in  such  process  trade  business  or  occupation  outside  the 
Metropolitan  District  as  defined  in  this  ActJ  one  at  least  of  the 

*  On  the  Special  Board  for  Men's  and  Boys'  clothing,  the  employers'  repre- 
sentatives must  consist  of  three  representatives  of  makers  of  ready-made 
clothing  and  two  of  makers  of  order  clothing. —  (See  section  162  post.) 

t  Although  the  Minister  has  power  to  nominate  whomsoever  he  pleases 
within  the  limitations  of  section  136  ante,  his  invariable  practice  is  to  consult 
the  parties  interested.  It  is  open  for  any  person  or  association  to  forward 
the  names  of  persons  suitable  for  nomination.  If  such  names  exceed  the 
number  to  be  appointed,  the  Minister  makes  a  selection,  and  nominates  those 
selected  by  publishing  their  name  in  the  Government  Gazette. 

$  The  Metropolitan  District  is  denned  in  section  77. 


MINIMUM  WAGE  LAW  OF  VICTORIA.  357 

persons  so  nominated  as  representatives  of  employers  and  one  at 
least  of  the  persons  so  nominated  as  representatives  of  employes 
shall  be  a  person  who  resides  and  who  carries  on  or  is  engaged  in 
or  has  carried  on  or  been  engaged  in  (as  the  case  may  *be)  such 
process  trade  business  or  occupation  outside  the  said  Metropolitan 
District. 

(3)  Unless  within  twenty-one  days  after  the  date  when  such 
nominations  are  so  published  at  least  one-fifth  of  the  employers  or 
at  least  one-fifth  of  the  adult  employes  respectively  engaged  in  the 
process  trade  business  or  occupation  subject  to  such  Special  Board 
give  notice  in  writing  to  the  Minister  that  they  object  to  the  ap- 
pointment of  the  persons  nominated  as  their  representatives  (as 
the  case  may  be)  then  such  persons  so  nominated  may  be  appointed 
members  of  the  Special  Board  by  the  Governor  in  Council  as 
representatives  thereon  of  the  employers  or  employes  (as  the  case 
may  be). 

(4)  For  the  purpose  of  furnishing  the  information  necessary 
for  preparing  rolls  of  electors  (none  of  whom  shall  be  under  the 
age  of  eighteen  years)   for  Special  Boards  in  any  process  trade 
business  or  occupation  not  usually  or  frequently  carried  on  in  a 
factory  as  defined  by  this  Act  all  employers  shall  send  to  the  Chief 
Inspector  their  names  and  addresses  and  also  the  names  and  ad- 
dresses of  all  employes  not  under  eighteen  years  of  age,  in  the 
form  or    to  the  effect  of  the  Seventh  'Schedule  and  the  Chief  In- 
spector shall  compile  voters'  rolls  therefrom  and  each  employer 
and  each  employe  shall  have  one  vote. 

Any  employer  failing  so  to  forward  his  name  and  address  shall 
not  be  entitled  to  vote  for  representatives  of  employers  on  the 
Special  Board  to  be  elected. 

Every  employe  not  under  eighteen  years  of  age,  who  produces 
evidence  to  the  satisfaction  of  the  Chief  Inspector  that  his  ordinary 
occupation  when  at  work  is  employment  in  any  process  trade  busi- 
ness or  occupation  in  regard  to  which  the  lowest  prices  or  rates 
of  payment  are  to  be  determined  by  any  Special  Board  shall  not- 
withstanding that  his  name  and  address  have  not  been  forwarded 
by  his  employer  be  enrolled  as  an  elector  of  representatives  of 
employes  on  such  Special  Board. 


358          APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

The  Minister  may  decide  whether  any  process  trade  business 
or  occupation  falls  within  this  sub-section. 

(5)  The  Minister  shall  decide  whether  persons  nominated  as 
representatives  have  been  objected  to  by  at  least  one-fifth  of  em- 
ployers or  adult  employes  (as  the  case  may  be)  and  for  that  pur- 
pose he  shall  accept  the  records  given  by  the  Chief  Inspector  in 
his  latest  annual  report. 

Provided  that  in  any  case  where  no  records  are  given  in  the 
latest  Annual  Report  of  the  Chief  Inspector  of  Factories  with 
respect  to  any  persons,  likely  to  be  affected  by  the  Determination 
of  any  such  Special  Board  the  Minister  if  he  is  satisfied  that  there 
is  substantial  objection  to  the  persons  nominated  by  him  as  repre- 
sentatives of  employers  or  employes  on  such  Special  Board  and 
notwithstanding  that  an  objection  signed  by  one-fifth  of  the  em- 
ployers or  adult  employes  respectively  engaged  in  the  process  trade 
business  or  occupation  subject  to  such  Special  Board  has  not  been 
lodged  may  decide  that  an  election  shall  be  held  . 

(6)  If  the  Minister  is  satisfied  that  at  least  one-fifth  of  the 
employers  or  of  the  adult  employes  object  within  the  time  afore- 
said to   the  persons  nominated  as   their  representatives  or  that 
otherwise  there  is  substantial  objection  then  such  representatives 
of  employers  or  such  representatives  of  employes  shall  subject  to 
the  provisions  of  this  Act  be  elected  as  may  be  prescribed  by  regu- 
lations made  by  the  Governor  in  Council,  t 

138.  (Act  2386.)     If  the  number  of  persons  nominated  as 
representatives  of  employers  or  employes  (as  the  case  may  be) 
does  not  exceed  the  number  of  persons  to  be  elected  the  persons 
nominated  shall  be  deemed  and  taken  to  have  been  elected  and 
shall  be  appointed  by  the  Governor  in  Council  accordingly  to  be 
members  of  the  Special  Board. 

139.  (Act  2386.)     In   the  event  of  any  vacancy  occurring 
from  any  cause  whatsoever  in  any  'Special  Board,  the  Governor 
in  Council  may  without  previous  nomination  or  election  appoint 
a  person  as  representative  of  employers  or  employes  as  the  case 

t  But  the  members  of  any  Special  Board  for  the  furniture  trade  shall  not 
be  elected. — Section  161  post. 


MINIMUM  WA<;I;   LAW  OF  VICTORIA. 

may  require  (and  the  person  so  appointed  shall  be  deemed  and 
taken  to  have  been  elected  by  such  employers  or  employes,  as  the 
case  may  be)  ;  and  such  person  shall  be  so  appointed  for  the  un- 
expired  portion  of  the  term  of  office  of  the  member  who  dies  or 
resigns  or  is  removed.* 

(2)    Appointment  of  Chairmen. 

140.  ( 1 )      (Act  2386. )      The  members  of  a  Special  Board  shall 
within  fourteen  days  after  their  appointment  nominate  in  writing 
some  person  (not  being  one  of  such  members)  to  be  Chairman  of 
such  Special  Board,  and  such  person  shall  be  appointed  by  the 
Governor  in  Council  to  such  office. 

(2)  In  the  event  of  the  Minister  not  receiving  such  nomina- 
tion within  fourteen  days  after  the  appointment  of  the  said  mem- 
bers then  the  Governor  in  Council  may  appoint  the  Chairman  011 
the  recommendation  of  the  Minister. 

(3)     Powers  and  Functions  of  Boards.^ 

141.  (Act  2386.)      Every  Special  Board  in  accordance  with 
the  terms  of  its  appointment  — 

(a)  shall  determine  the  lowest  prices  or  rates  of  pay- 
ment payable  to  any  person  or  persons  or  classes  of  persons  em- 
ployed in  the  process  trade  business  or  occupation  specified  in 
such  appointment.  Such  prices  or  rates  of  payment  may  be  fixed 
at  piece-work  prices  or  at  wages  rates  or  both  as  the  Special  Board 
thinks  fit; 

(6)  shall  determine  the  maximum  number  of  hours  per  week 
for  which  such  lowest  wages  rates  shall  be  payable  according  to  the 
nature  or  conditions  of  the  work ;  and  the  wages  rates  payable  for 
any  shorter  time  worked  shall  be  not  less  than  a  pro  rata  amount 
of  -such  wage*  vaks  and  not  less  than  such  a  rate  as  may  be  fixed 
for  casual  labour. 

*  It  is  the  practice  of  the  Minister  to  consult  the  interests  of  the  persons 
concerned.  If  the  Board  is  sitting  when  the  vacancy  occurs,  its  remaining 
members  usually  suggest  a  suitable  person.  It  is  well,  therefore,  for  parties 
interested  to  be  ready  with  nominations  ;is  soon  as  a  seat  on  the  Board  be- 
comes vacant. 

t  A  Board  may  fix  rates  for  repairing  articles. — Section  152  post.  For 
additional  powers  as  to  apprentices  and  improvers,  see  section  182  post. 


360         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

In  fixing  such  lowest  prices  or  rates  the  Special  Board  shall 
take  into  consideration  the  following  matters  and  may  (if  it  thinks 
fit)  fix  different  prices  or  rates  accordingly  - 

(i)      the  nature  kind  and  class  of  the  work; 

(ii)     the  mode  and  manner  in  which  the  work  is  to  be  done; 

(iii)      the  age  and  sex  of  the  workers;* 

(iv)     the  place  or  locality  where  the  work  is  to  be  done; 

(v)      the  hour  of  the  day  or  night  when  the  work  is  to  be  done; 

(vi)     whether  more  than  six  consecutive  days'  work  is  to  be 
done; 

(vii)     whether  the  work  is  casual  as  defined  by  the  Board; 

(viii)      any  recognized  usage  or  custom  in  the  manner  of  carry- 
ing out  the  work;  and 

(ix)      any  matter  whatsoever  which  may  from  time  to  time  be 
prescribed. 

(c)  shall  fix  a  higher  wages  rate  to  be  paid  for  any  time  in 
excess  of  the  maximum  number  of  hours  per  week  so  fixed  and  — 

may  fix  the  times  of  beginning  and  ending  work  upon  each 
day;  and 

may  fix  a  higher  rate  to  be  paid  for  any  hour  or  fraction  of  an 
hour  worked  outside  the  times  so  fixed  ;f  and 

*As  to  persons  under  21  years  of  age,  other  than  apprentices  or  improvers, 
see  section  154  post. 

tit  will  be  noted  that,  under  paragraphs  (6)  and  (c),  two  different  classes 
of  overtime  can  be  fixed.  Under  (&)  and  (c)  the  Boards  are  bound  to  fix  the 
number  of  hours  for  a  week's  work,  and  the  wages  rate  for  any  time  in  ex- 
cess. Under  (c)  they  may  fix  the  times  of  beginning  and  ending  work  upon 
each  day,  and,  having  done  so,  must  fix  a  higher  rate  for  all  time  worked 
outside  those  hours.  If  these  two  powers  were  exercised  independently  of  one 
another,  they  would  clash. 

It  has  been  found  necessary,  when  any  Board  wishes  to  exercise  both 
powers,  to  adopt  a  form  such  as  follows: 

TIME  OF  BEGINNING  AND  ENDING  WORK. 
That  the  time  of  beginning  and  ending  work  shall  be: 
Time  of  Beginning.  Time  of  Ending. 

7.30  A.  M.  12  noon  on  the  day   on  which  the  half -holiday  is 

observed. 
7.30  A.  M.  6  P.  M.  on  the  other  working  days  of  the  week. 


MINIMUM  WAGE  LAW  OF  VICTORIA.  301 

may  fix  special  rates  for  work  to  be  done  on  a  Sunday  or  public 
holiday,  f 

(d)  May  prescribe  the  form  of  apprenticeship  indenture  to 
be  used. 

(e)  When  in  this  Act  or  any  regulations  thereunder  the  num- 
ber of  the  hours  of  work  per  week  or  the  overtime  rates  of  pay 
are  fixed  for  any  class  or  classes  of  workers,  a  'Special  Board  when 
exercising  any  of  the  powers  conferred  by  this  section  instead  of 
fixing  the  number  of  working  hours  per  week  or  overtime  rate  for 
the  class  or  classes  of  workers  to  be  affected  by  the  determination 
of  such  Board  fixed  by  the  Factories  and  Shops  Acts  may  fix  a 
different  number  of  working  hours  or  overtime  rate  as  the  case 
may  be. 

142.  (Act  2386.)     Where  pursuant  to  this  Act  by  any  Deter- 
mination of  a  Special  Board  both  a  piece-work  price  and  a  wages 
rate  are  fixed  for  any  work,  the  piece-work  price  shall  be  based 
on  the  wages  rate ;,  but  no  Determination  shall  be  liable  to  be  ques- 
tioned or  challenged  on  the  ground  that  any  piece-work  price  is  a 
greater  or  less  amount  than  such  price  would  be  if  based  upon  the 
wages  rate. 

143.  (Act  2386.)     For  wholly  or  partly  preparing  or  man- 
ufacturing outside  a  factory  articles  of  clothing  or  wearing  apparel 

OVEBTIME. 

That  the  following  rates  shall  be  paid  for  all  work  done: 

(a)   Within  the  hours  fixed  in  clause  in  excess  of  48    ]  _, 

hours  in  any  week  Time  and  a 

(&)    Outside  the  hours  fixed  in  clause 

In  many  trades  it  is  found  better  to  exercise  only  the  power  of  fixing  over- 
time rates  on  the  week's  work,  without  fixing  the  time  of  beginning  and  end- 
ing. This  course  has  the  advantage  of  elasticity,  allowing  employers  and 
employes  to  arrange  their  hours  of  work  to  suit  themselves,  according  to  the 
conditions  and  locality  of  their  work. 

t  The  only  days  which  a  Wages  Board  has  power  to  name  as  public  holidays 
are:  1st  January  (New  Year's  Day),  26th  January  (Foundation  Day), 
Good  Friday,  Easter  Saturday,  Monday,  and  Tuesday,  21st  April  (Eight 
Hours'  Day),  3rd  June  (King's  Birthday),  first  Thursday  in  September 
(Royal  Agricultural  Show  Day,  in  localities  named  in  the  Royal  Agricultural 
Show  Act),  25th  December  (Christmas  Day),  and  2Gth  December  (Boxing 
Day). 


APPENDIX  TTT-    "\IIXTMFM  WAC.E  LEGISLATION. 

or  boots  or  shoes  a  piece-work  price  only  shall  be  fixed,  and  the 
Board  shall  on  request  of  any  occupier  of  a  factory  or  shop  or  place 
fix  a  wages  rate  for  any  work  done  by  persons  operating  at  a  ma- 
chine used  in  such  factory  or  shop  or  place. 

144.  (1)      (Act  2386.)      Any  Special  Board  instead  of  speci- 
fying the  lowest  piece-work  prices  which  may  be  paid  for  wholly 
or  partly  preparing  or  manufacturing  any  articles  may  determine 
that  piece-work  prices  based  on  wages  rates  fixed  by  such  Special 
Board  may  be  fixed  and  paid  therefor  subject  to  and  as  provided 
in  the  next  following  sub-section. 

(2)  Any  employer  who  pursuant  to  such  Determination  fixes 
and  pays  piece-work  prices  shall  base  such  piece-work  prices  on 
the  earnings  of  an  average  worker  working  under  like  conditions 
to  those  for  which  the  piece-work  prices  are  fixed  and  who  is  paid 
by  time  at  the  wages  rates  fixed  by  such  Special  Board.     Every 
such  employer  shall  if  required  by  the  Chief  Inspector  so  to  do 
forward  a  statement  of  such  prices  to  the  Chief  Inspector. 

(3)  Any  person  who  having  fixed  a  piece-work  price  as  in 
this  section  provided  either  directly  or  indirectly  or  by  any  pre- 
tence or  device  pays  or  offers  or  permits  any  person  to  offer  or 
attempts  to  pay  any  person  a  piece-work  price  lower  than  the  price 
so  fixed  by  such  first-mentioned  person  or  Avho  refuses  or  neglects 
to  forward  a  statement  of  such  prices  when  required  to  do  so  by 
the  Chief  Inspector  shall  be  deemed  to  be  guilty  of  a  contravention 
of  the  provisions  of  this  Part.* 

(4)  In  proceedings  against  any  person  for  a  contravention  of 
the  provisions  of  the  two  last  preceding  sub-sections  of  this  section 
the  onus  of  proof  that  any  piece-work  price  fixed  or  paid  by  such 
person  is  in  accordance  with  the  provisions  of  such  sub-sections 
shall  in  all  cases  lie  on  the  defendant. 

145.  (Act   2386.)     When   in   any   Determination   a    Special 
Board  has  fixed  a  wages  rate  only  for  wholly  or  partly  preparing 
or  manufacturing  either  inside  or  outside  a  factory  any  articles 
or  for  doing  any  work  then  it  shall  not  be  lawful  for  any  person 
to  pay  or  authorize  or  permit  to  be  paid  therefor  any  piece-work 

*  Penalty— section  226. 


rM   W\<;r.    LAW  OF  YIOTOTJTA. 

prims,  and  the  rereip!  <>r  acceptance  of  any  piece  work  prices 
shall  nut.  be  deemed  t<>  IK-  payment  or  part  payment  of  any  such 
wages. 

l-Hi.  (Act  2380.)  Wlien  in  any  Determination  a  Special  Board 
lias  fixed  piece-work  prices  for  wholly  or  partly  preparing  or  man- 
ufacturing any  articles  and  in  the  description  of  the  worl:  in 
respect  of  which  such  piece-work  price  is  to  be  paid  such  Board 
enumerates  several  operations,  and  when  any  one  or  more  of  such 
operations  is  by  the  direction  or  with  the  expressed  or  implied 
consent  of  the  occupier  of  the  factory  or  his  manager  or  foreman 
or  agent  omitted,  such  omission  shall  not  affect  the  price  to  be 
paid  in  connection  with  the  particular  work,  but  such  price  shall, 
unless  otherwise  provided  in  such  Determination,  be  that  fixed 
as  the  price  for  the  whole  work  described. 

147.  (Act  2386.)      Notwithstanding  anything  contained  in 
this  Act  the  price  or  rate  of  payment  to  be  fixed  by  any  Special 
Board  for  wholly  or  partly  preparing  or  manufacturing  any  ar- 
ticle of  furniture*  shall  wherever  practicable  be  both  a  piece-work 
price  and  a  wages  rate.     The  piece-work  price  shall  be  based  on 
the  wages  rate  fixed  by  such  Board. 

148.  Act  2386.)      Where  it  appears  to  be  just  and  expedient 
special  wages  rates  may  be  fixed  for  aged  infirm  or  slow  workers 
by  any  Special  Board,  f 

149.  (Act  2386.)     All  powers  of  any  Special  Board  may  be 
exercised  by  a  majority  of  the  members  thereof. 

150.  (Act  2386.)     During  any  vacancy  in  a  Special  Board 
(other  than  in  the  office  of  Chairman)  the  continuing  members  may 
act  as  if  no  vacancy  existed,  provided  no  member  of  the  Board 

objects.;; 

*  For  additional  powers  of  Furniture  Board,  see  sections  152  and  15G  post. 

t  Very  few  Boards  have  exercised  their  powers  under  this  section.  Under 
section  202  the  Chief  Inspector  can  grant  a  license  to  an  old,  slow,  or  infirm 
worker  to  work  for  less  than  the  minimum  wage,  but  it  is  questionable  whether 
in  case  a  Board  had  fixed  rates,  the  Chief  Inspector  could  legally  grant  a 
license  to  work  for  anything  less  than  the  rate  fixed  by  the  Board. 

J  In  practice  the  Boards  do  not  usually  decide  important  points  during  a 
vacancy. 


364         APPENDIX  ITT  —  MINIMUM  WAOE  LEGISLATION. 

151.  (Act  2386.)     The  Chaiiirian  of  any  Special  Board  may 
require  any  person    (including  a  member  of  a  Special  Board) 
giving  evidence  before  a  Board  to  give  bis  evidence  on  oath  and 
for  such  purpose  shall  be  entitled  to  administer  an  oath  accord- 
ingly to  such  person. 

152.  (Act  2386.)    A  Special  Board  shall  have  power  to  deter- 
mine the  lowest  prices  or  rates  to  be  paid  to  any  person  or  persons 
or  classes  of  persons  employed  in  repairing  — 

(a)     Any  articles  of  clothing  or  wearing  apparel  or  furniture 
in  respect  to  which  such  Board  may  make  a  Determination ;  or 

(&)      any  articles  which  are  subject  to  the  Determination  of  a 
Special  Board  for  any  process  trade  or  business. 

153.  (Act  2386.)     Where  by  the  Determination  of  a  Special 
Board  the  wages  of  an  apprentice  or  of  an  improver  are  to  vary 
in  accordance  with  his  experience  or  length  of  employment  in 
his  trade,  then  for  the  purpose  of  determining  the  wages  he  is 
entitled  to  receive,   any  time  during  which  such  apprentice  or 
improver  has  worked  at  his  trade  shall  be  reckoned  in  his  length 
of  employment  in  such  trade. 

154.  (Act  2386.)     When  fixing  the  wages  rate  to  be  paid  to 
p  Tsons  (other  than  apprentices  or  improvers)  under  twenty-one 
years  of  age  for  any  particular  class  of  work  any  Special  Board 
may  fix  different  rates  having  regard  to  the  length  of  experience 
of  such  persons  in  such  particular  class. 

155.  (Act  2386.)    ~No  Special  Board  shall  sit  during  ordinary 
working  hours  in  any  trade  except  by  mutual  agreement  of  the 
representatives  of  the  employers  and  employes  on  the  Board,  or 
by  the  direction  of  the  Minister. 

(4)    Miscellaneous  Provisions  as  to  Special  Boards. 

156.  (Act  2386.)      The  Special  Board  heretofore  appointed 
with  regard  to  articles  of  furniture  may  also  determine  the  lowest 
prices  or  rates  which  may  be  paid  to  female  workers  employed 
as  upholstresses  whether  as  carpet  hands  table  hands  or  drapery 
hands,  also  to  male  persons  employed  in  planning  and  laying  car- 


MJM.ML.M    \\',\<-i     LAW  OF  VICTOBIA.  365 

pets  or  linoleums  or  floor  cloths  or  fixing  draperies  or  making  and 
fixing  window  Venetian  and  wire  blinds  if  a  resolution  shall  have 
been  passed  by  both  Houses  of  Parliament  declaring  it  is  ex- 
pedient for  the  Special  Board  so  to  do. 

157.  (Act  2386.)      The  Special  Board  heretofore  appointed 
and  called  the  Woodworkers  Board  may  also  determine  the  lowest 
prices  or  rates  which  may  be  paid  to  persons  employed  as  stackers 
or  sorters  in  connection  with  the  loading  or  unloading  of  timber 
from  ships,  or  the  stacking  of  same  in  any  yard  or  place. 

158.  (1)      (Act  2386.)      Special  Boards  may  be  appointed  in 
order  to  determine  the  lowest  prices  or  rates  which  may  be  paid 
to  any  person  or  persons  or  classes  of  persons  wheresoever  em- 
ployed in  the  process  trade  or  business  of  either  the  whole  or  any 
part  of  the  iron  working  trade  (for  which  a  Special  Board  has 
not  been  constituted)  including  — 

(a)  engineering, 

(b)  boilermaking, 
(  c  )  blacksmithing, 
(d)  general  iron  work. 

(2)  The  lowest  prices  or  rates  which  may  be  determined  under 
and  pursuant  to  the  Factories  and  Shops  Acts  by  any  Special 
Board  appointed  — 

in  the  occupation  of  a  fireman  boiler  attendant  or  engine-driver 
in  connection  with  the  use  of  steam-boilers  or  steam-engines  other 
than  steam-boilers  or  steam-engines  connected  with  mines ;  or 

under  the  provisions  of  paragraphs  (a-),  (fr),  (c),  and  (d)  of 
this  section 

for  any  person  or  persons  or  classes  of  persons  shall  'be  the  lowest 
prices  or  rates  to  be  paid  to  such  person  or  persons  or  classes  of 
persons  wheresoever  employed,  notwithstanding  that  any  other 
rates  are  determined  with  respect  to  such  person  or  persons  or 
classes  of  persons  by  any  other  Special  Board. 

I.V.).    (1)     (Act  2386.)    Any  Special  Board  appointed - 

(a.)  in  the  occupation  of  a  fireman  boiler  attendant  or  engine- 
driver  in  connection  with  the  use  of  steam-boilers  or  steam-engines 
other  than  steam-boilers  or  steam-engines  connected  with  mines;  or 


-366          APPENDIX  III -- MIISJ.MIM    WA<M;    LEGISL 

(&)  In  the  occupation  of  a  fireman  lx)iler  attendant  or 
engine-driver  in  connection  with  a  steam-engine  or  steam-boiler 
in  or  about  mines  of  every  kind, 

is  hereby  given  power  to  determine  the  lowest  prices  or  rates 
which  may  be  paid  to  any  person  or  persons  or  classes  of  persons 
employed  in  the  occupation  of  assistant  engine-driver  greaser  or 
trimmer  in  connection  with  the  use  of  steam-engines  or  steam- 
boilers. 

(2)  Such  Special  Board  may  exercise  all  the  powers  con- 
ferred on  Special  Boards  under  this  Act  so  far  as  any  person  or 
persons  or  classes  of  persons  mentioned  in  this  section  are 
concerned. 

160.  (1)      (Act  2386.)      Notwithstanding  anything  contained 
in  this  Act,   the   Carters  Board   appointed  on  the  first  day  of 
December,  one  thousand  nine  hundred  and  nine,  is  hereby  given 
power  to  determine  the  lowest  prices  or  rates  which  may  be  paid 
to  any  person  or  persons  or  classes  of  persons  employed  in  or  in 
connection  with  any  stable  (other  than  a  livery  stable)  in  which 
are  stabled  the  horses  used  in  his  busines  trade  or  occupation 
by  any  person  subject  to  the  determination  of  the  said  Special 
Board. 

(2)  Such  Special  Board  may  exercise  all  the  powers  conferred 
on  Special  Boards  under  this  Act  so  far  as  any  such  person  or 
persons  or  classes  of  persons  mentioned  in  this  section  are  con- 
cerned. 

161.  (Act    2386.)     Notwithstanding   anything   contained   in 
this  Act  the  members  of  any  Special  Board  to  determine  or  fix  the 
lowest  price  or  rate  which  may  be  paid  to  any  person  for  wholly  or 
partly  preparing  or  manufacturing  any  particular  articles  of  fur- 
niture shall  not  be  elected,  and  the  Governor  in  Council  may  from 
time  to  time  appoint  such  Special  Board. 

162.  (Act  2386.)      In  the  case  of  the  Special  Board  for  Men's 
and  Boys'  Clothing,  the  representatives  of  the  employers  shall  con- 
sist of  three  representatives  of  makers  of  ready-made  clothing  and 
two  of  makers  of  order  clothing,  and  the  rolls  for  any  election  of 


Mi  MM  i-.M   \\'A(.K   LAW  OF  VICTORIA.  367 

such  respective  xjeproaentatives  -hall  he:  prepared  and  votes  given 
'in  such  manner  as  may  be  prescribed. 

'1U3.  (Act  2386.)  Notwithstanding  anything  contained  in 
this  Act  the  Special  Board  called  the  Ironmoulders  Board  ap- 
pointed on  the  seventeenth  day  of  December  one  thousand  nine 
hundred  and  one  is  hereby  given  power  to  determine  the  lowest 
prices  or  rates  which  may  be  paid  to  any  person  or  persons  or 
classes  of  persons  employed  in  the  process  trade  or  business  of  a 
steelmoulder  and  to  exercise  all  the  powers  conferred  on  Special 
Boards  under  this  Act  so  far  as  the  process  trade  or  business  of  a 
steelmoulder  is  concerned. 

2.  (1)  (Act  2447.)  In  addition  to  the  powers  it  already 
possesses  the  Special  Board  heretofore  appointed  and  called  the 
Hotel  Employes  Board  is  hereby  given  power  to  either  — 

(a)  fix  prices  and  rates  to  be  paid  to  employes  without  taking 
into  consideration  either  board  or  lodging;  or 

(b)  fix  prices  and  rates  to  be  paid  to  employes  varying  accord- 
ing to  whether  full  or  partial  board  or  lodging  is  received  by  the 
employe. 

(2)  When  the  Board  makes  a  Determination  having  exercised 
either  of  these  powers  it  shall  be  an  offense  for  any  employer  to 
accept  any  payment  from  any  employe  under  the  jurisdiction  of 
the  said  Board  for  either  board  or  lodging. 

(5)    Duration  Publication  and  Application  of  Determinations  of 
Special  Boards  and  Court  of  Appeals. 

1<;4.  (Act  2386.)  Any  price  or  rate  determined  by  any  Spe- 
cial Board  shall  from  a  date  (not  being  within  thirty  days  of  such 
Determination)*  fixed  by  such  Board,  be  and  remain  in  force  until 

*  It  may  be  noted  that  it  is  only  a  price  or  rate  that  must  stand  for  thirty 
days.  A nv  part  of  a  Determination  which  does  not  Hx  a  price  or  rate  appar- 
entl\  can  l'»i-  l>i  oiL-lit  into  force  without  any  period  of  waiting.  Although  this 
,i  pivM-nta  a  price  or  rate  coming  into  force  until  after  the  lapse  of 
thirty  da\s.  nolliinv  in  the  I- 'act ot  ics  and  Shops  Acts  requires  preliminary 
notice.  In  practice,  the  Department  endeavours  to  ijive  reasonable  notice  in 
the  Hurcrniitcnt  Gazette,  but  there  have  been  instances  when  circumstances 
have  rendered  that  impossible,  and  the  Determination  lias  come  into  forc« 
immediately  on  being  published. 


368          APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

amended  by  a  Determination  of  such  Special  Board;  but  such 
Determination  may  at  any  time  be  amended  or  revoked  by  the 
Court  of  Industrial  Appeals. 

165.  (1)  (Act  2386.)  The  Determination  of  any  Special 
Board  shall  be  signed  by  the  Chairman  thereof  and  published  in 
the  Government  Gazette  and  shall  apply  to  the  area  or  locality 
(including  the  whole  or  any  part  or  parts  of  Victoria)  defined 
by  the  Governor  in  Council  as  the  area  or  locality  within  which 
the  Determination  of  such  Special  Board  shall  be  operative.* 

(2)  Every  amendment  of  any  Determination  of  any  Special 
Board  at  any  time  made  shall  apply  to  the  same  part  or  parts  of 
Victoria  as  the  Determination  amended. 

3.  (Act  2447.)  For  section  one  hundred  and  sixty-six  of  the 
Principal  Act  there  shall  be  substituted  the  following  section :  - 

"  166.  No  determination  of  a  Special  Board  shall  prevent  the 
sons  or  daughters  of  any  employer  being  employed  by  him  in  any 
capacity  whether  he  has  or  has  not  the  full  number  of  apprentices 
and  improvers,  and  he  shall  not  be  bound  to  pay  his  sons  and 
daughters  the  rates  fixed  by  any  Determination." 

167.  (Act  2386.)  Where  any  person  is  employed  to  perform 
two  or  more  classes  of  work  to  which  a  rate  fixed  by  a  Special 
Board  is  applicable  then  such  person  shall  be  paid  in  respect  of 
the  time  occupied  in  each  class  of  work  at  the  rate  fixed  by  the 
Board  for  such  work.f 

*  There  is  nothing  in  this  section  to  indicate  upon  whom  the  duty  lies  of 
publishing  a  Determination  in  the  Government  Gazette.  The  amended  Deter- 
mination of  the  Hairdressers  Board  was  sent  to  the  Minister  of  Labour  in 
December,  1911.  The  Minister  refused  to  gazette  it.  Application  was  made 
to  Mr.  Justice  Cussen  for  a  mandamus.  The  Judge  refused  the  application. 

f  This  section  imposes  the  duty  upon  the  employer  of  paying  an  employe 
in  accordance  with  the  period  of  time  occupied  under  each  Determination,  or 
under  different  parts  of  the  same  Determination.  In  cases  where  several  De- 
terminations are  operative  this  may  become  a  difficult  matter,  and  necessitates 
the  times  being  carefully  kept  and  properly  booked.  It  was  the  difficulty  of 
carrying  out  the  provisions  of  this  section  that  induced  the  appointment  of 
the  Country  Shop  Assistants  Board,  which  fixes  a  flat  rate  for  all  shop 
assistants  in  the  districts  to  which  the  Determination  extends,  whether  they 
be  drapers,  grocers,  or  fancy  goods  sellers,  etc.,  as  it  was  considered  impossible 
to  allocate  the  time  in  a  country  store  to  each  of  the  many  classes  of  em- 
ployment. 

Compare  section  141  (5)  as  to  payment  of  a  pro  rata  amount  for  less  hours 
worked  than  those  fixed  by  the  Board  and  section  168. 


MINIMUM  WAGE  LAW  OF  VICTORIA.  369 

168.  (Act  2386.)     When  any  person  is  employed  during  any 
part  of  a  day  for  an  employer  at  work  for  which  a  Special  Board 
has  fixed  a  wages  rate  then  all  work  whatever  done  by  such  person 
during  such  day  for  such  employer  whether  inside  or  outside  a 
factory  or  shop  or  place  whatsoever  or  wheresoever  shall  be  paid 
for  at  the  same  wages  rate. 

169.  (Act  2386.).    There  shall  be  kept  printed,  painted  or 
affixed  in  legible  Roman  characters,  in  some  conspicuous  place  at 
or  near  the  entrance  of  each  and  every  factory  or  shop  or  place 
to  which  the  Determination  of  a  Special  Board  applies,  in  such  a 
position  as  to  be  easily  read  by  the  persons  employed  therein,  a 
true  copy  of  the  Determination  of  the  Special  Board  as  to  the 
lowest  prices  or  rates  of  payment  determined  by  such  Board.* 

170.  (Act  2386.)     Where  a  piece-work  price  or  a  wages  rate 
has  been  fixed  by  the  Determination  of  any  Special  Board  for 
wholly  or  partly  preparing  or  manufacturing  either  inside  or  out- 
side any  factory  any  articles  or  for  doing  any  work  no  person 
shall  either  directly  or  indirectly  require  or  compel  any  person 
affected  by  such  Determination  to  accept  goods  of  any  kind  in  lieu 
of  money  or  in  payment  or  part  payment  for  any  work  done  or 
wages  earned  and  the  receipt  or  acceptance  of  any  goods  shall  not 
be  deemed  to  be  payment  or  part  payment  for  any  such  work  or  of 
any  such  wages. 

(6)     Validity  of  Determination. 

171.  (1)      (Act  2386.)     If  any  person  desires  to  dispute  the 
validity  of  any  Determination  of  any  Special  Board  made  or  pur- 
porting to  have  been  made  under  any  of  the  provisions  of  this 
Act  or  any  Act  repealed  thereby  it  shall  be  lawful  for  such  person 
to  apply  to  the  Supreme  Court  upon  affidavit  for  a  rule  calling 
upon  the  Chief  Inspector  to  show  cause  why  such  Determination 
should  not  be  quashed  either  wholly  or  in  part  for  the  illegality 
thereof;  and  the  said  Court  may  make  the  said  rule  absolute  or 
discharge  it  with  or  without  costs  as  to  the  Court  shall  seem  meet. 

(2)     Every  Determination  of  any  Special  Board  shall  uulr-s 
and  until  so  quashed  have  and  be  deemed  and  taken  to  have  the 

*  For  particulars  of  other  information  to  be  posted  up  in  factories,  see  sec- 
tion 22;  as  to  shops,  see  section  126. 


370          APPENDIX  III  —  ^IL.M.MIM  WAGE  LEGISLATION. 

like  force  validity  and  effect  as  if  such  Determination  had  been 
enacted  in  this  Act,  and  shall  not  be  in  any  manner  liable  to  be 
challenged  or  disputed ;  but  any  such  Determination  may  be  altered 
or  revoked  'by  any  subsequent  Determination  under  this  Act* 

(7)      Suspension  of  Determination. 

172.  (1)  (Act  2386.)  Notwithstanding  anything  contained 
in  this  Act  the  Governor  in  Council  may  at  any  time  for  such 
period  or  periods  as  he  thinks  fit  not  exceeding  six  months  in  the 
whole  by  Order  published  in  the  Government  Gazette  suspend  the 
operation  of  the  Determination  of  any  Special  Board,  f  When 
the  operation  of  any  Determination  (whether  published  in  the 
Government  Gazette  or  not)  is  so  suspended  it  shall  be  the  duty  of 
such  Special  Board  to  forthwith  hear  receive  and  examine  evidence 
as  to  such  Determination,  and  thereupon  such  Special  Board  may 
either  adhere  to  the  said  Determination  or  may  make  such  amend- 
ments therein  as  to  such  Board  seems  proper. 

(2)  In  the  event  of  such  Special  Board  making  any  such 
amendments,  such  Determination  as  so  amended  shall  forthwith 
be  published  in  the  Government  Gazette  and  shall  for  all  purposes 
be  deemed  and  taken  to  be  the  Determination  of  such  Special 
Board  from  such  date  as  may  be  fixed  in  such  amended  Determi- 
nation, and  the  suspended  Determination  shall  thereupon  have  ho 
further  force  or  effect. 

(3)  In  the  event  of  such  Special  Board  notifying  the  Minister 
that  such  Board  adheres  to  its  Determination  without  amendment 
such  suspension  of  the  operation  of  such  Determination  shall  by 
an  Order  in  Council  published  in  the  Government  Gazette  be  re- 

*  The  Court  of  Industrial  Appeals  has  power  to  amend  a  Special  Board's 
Determination.  (See  section  176(6).) 

No  change  should  be  made  in  the  Determination  of  a  Board  or  of  the  Court 
of  Industrial  Appeals  unless  on  some  ground  which  may  reasonably  be  con- 
sidered as  permanent,  or  at  least  likely  to  last  for  some  consi<h-ral>1e  time. 
Mr.  Justice  Hood,  in  re  the  Bread  Board,  13  A.  L.  R.  589. 

t  This  provision  became  law  on  27th  September.  1897,  by  virtue  of  section 
6  of  the  Factories  and  Rhops  Act,  1897  (No.  1518),  and  the  power  of  suspen- 
sion was  exercised  on  only  one  occasion.  On  25th  November,  1897,  the  (,'<>v 
ernor  in  Council  suspended  the  first  Determination  of  the  Boot  Board,  which 
was  made  on  the  3rd  November,  1897,  and  was  to  come  into  force  on  29th 
November,  1897. 


Mi  MM  I'M    \\  A<,K    LAW   OK   YHTOKIA.  371 

yoked  from  such  date  not  later  than  fourteen  days  as  may  be  fixed 
in  such  Order. 

173.  (Act   2386.)     Where  the  Minister  is  satisfied  that  an 
organized  strike  or  industrial  dispute  is  about  to  take  place  or  has 
actually  taken  place  in  connection  with  any  process  trade  business 
occupation  or  employment  as  to  any  matter  which  is  the  subject  of 
a  Determination  of  a  Special  Board  or  of  the  Court  of  Industrial 
Appeals  the  Governor  in  Council  may  by  order  published  in  the 
Government  Gazette  suspend*  for  any  period  not  exceeding  twelve 
months  the  whole  or  any  part  or  parts  of  such  Determination  so 
far  as  it  relates  to  the  matter  in  reference  to  which  such  organized 
strike  or  industrial  dispute  is  about  to  take  place  or  has  taken 
place,  and  such  suspension  may  at  any  time  by  an  Order  published 
in  the  Government  Gazette  be  removed  by  the  Governor  in  Council 
or  altered  or  amended  in  such  manner  as  he  thinks  fit. 

COURT  OF  INDUSTRIAL  APPEALS. 

174.  (1)      (Act  2386.)      There  shall  be  a  Court  of  Industrial 
Appeals  for  deciding  all  appeals  against  a  Determination  of  a 
Special  Board  and  for  dealing  with  any  Determination  of  a  Special 
Board  referred  to  the  Court  by  the  Minister. 

(2)  The  Court  of  Industrial  Appeals  shall  consist  of  any  one 
of  the  Judges  of  the  Supreme  Court;  and  the  said  Judges  shall 
arrange  which  of  them  shall  for  the  time  being  constitute  the 
Court  of  Industrial  Appeals. 

(3)  The  Governor  in  Council  may  for  the  purposes  of  this 
Act  appoint  a  Registrar  of  the  Court  of  Industrial  Appeals. 

175.  (Act    2386.)     Where    any    Determination   made   by    a 
Special  Board  either  before  or  after  the  commencement  of  this 
Act  is  being  dealt  with  by  the  Court,  such  Court  shall  consider 
whether  the  Determination  appealed  against  has  had  or  may  have 
the  elirH.  of  prejudicing  tin-  progress  maintenance  of  or  scope  of 
employment  in  the  Innle  or  industry  affected  by  any  such  price 
or  rale:  and  if  of  opinion  that  it  has  had  or  may  have  such  effect 


The  power  of  suspension  under  section  173  has  never  been  exercised. 


372         APPENDIX  III -- MINIMUM  WAGE  LEGISLATION. 

the  Court  shall  make  such  alterations  as  in  its  opinion  may  be 
necessary  to  remove  or  prevent  such  effect  and  at  the  same  time 
to  secure  a  living  wage  to  the  employes  in  such  trade  or  industry 
who  are  affected  by  such  Determination. 

176.  (1)  (Act  2386.)  Notwithstanding  anything  contained 
in  this  Act  a  majority  of  the  representatives  of  employers  or  a 
majority  of  the  representatives  of  employes  on  any  Special  Board 
or  any  employer  or  group  of  employers  who  employ  not  less  than 
twenty-five  per  centum  of  the  total  number  of  the  workers  in  any 
trade  or  twenty-five  per  centum  or  more  of  the  workers  in  any 
trade,  may  at  any  time  in  the  prescribed  manner  appeal  against 
such  Determination  to  the  Court.  For  the  purposes  of  this  sub- 
section the  Court  shall  accept  the  records  given  by  the  Chief  In- 
spector in  his' latest  annual  report. f 

(2)  The  Minister  may  without  appeal  at  any  time  after  the 
making  of  a  Determination  by  a  Special  Board  refer  such  Deter- 
mination for  the  consideration  of  the  Court  and  may  also  refer  any 
appeal  made  as  hereinbefore  provided  for  the  consideration  of 
the  Court. 

(3)  No  appeal  against  or  reference  to  the  Court  of  a  Deter- 
mination which  has  been  published  in  the  Government  Gazette 
si i nil  have  the  effect  of  suspending  or  delaying  the  operation  of 
such  Determination. 

(4)  Every  Determination  of  a  Special  Board  referred  to  the 
Court  by  the  Minister  and  such  documents  relating  thereto  as 
may  be  deemed  necessary  shall  be  forwarded  by  the  Chief  In- 
spector to  the  Registrar  of  the  Court. 

(5)  Except  as  hereinafter  provided  no  barrister  and  solicitor 
or  agent  shall  be  allowed  to  appear  before  or  be  heard  by  the  Court. 
By  the  direction  of  the  Court  or  with  the  consent  of  both  parties  to 

t  The  power  given  by  this  section  is  to  be  distinguished  from  the  power  to 
challenge  a  Determination  before  the  Supreme  Court  under  section  171  post, 
in  which  latter  case  it  is  only  challengeable  for  illegality.  While  the  Court  is 
considering  the  Determination  the  Board  has  no  powers  whatever,  nor  has  it 
any  power  to  alter  or  amend  the  Determination  afterwards  until  such  time  as 
it  obtains  leave  to  do  so  from  the  Court  under  subsection  (9)  of  this  section. 
Compare  section  180. 


M  W\<;i.   LAW  OF  VICTORIA.  373 


the  appeal  or  reference  either  party  may  at  its  own  cost  be  rep- 
resented by  a  barrister  and  solicitor  or  agent.  It  appeals  by  a 
minority  of  employers  or  employes  as  provided  under  sub-section 
(1)  of  this  section  the  Court  may  give  such,  directions  for  the 
representation  of  parties  as  may  in  the  circumstances  appear  to 
be  proper. 

(G)  The  Court  shall  have  and  may  exercise  all  or  any  of  the 
powers  conferred  on  a  Special  Board  by  this  Act  and  may  either 
increase  or  decrease  any  prices  or  rates  of  payment  (whether  piece- 
work prices  or  wages  rates)  and  shall  have  full  power  to  amend 
the  whole  or  any  part  of  any  Determination  of  a  Special  Board.* 

*An  appeal  to  the  Court  of  Industrial  Appeals  from  the  determination  of  a 
Wages  Board  is  in  the  nature  of  a  rehearing,  and  the  Court  is  not  confined 
to  a  consideration  of  the  materials  which  were  before  the  Board  in  coming  to 
a  conclusion  as  to  what  should  be  the  minimum  wage  in  the  trade,  process, 
or  business  for  which  the  Special  Board  was  appointed.  Mr.  Justice  Hood, 
in  re  Bread  Board,  13  A.  L.  R.  589.  Mr.  Justice  Hodges,  in  re  the  Ice  Board, 
16  A.  L.  R.  46. 

Appended  is  a  list  of  the  cases  in  which  Determinations  were  referred  to  the 
Court  of  Industrial  Appeals: 

On  the  14th  September,  1904,  an  appeal  was  made  to  the  Court  by  a  group 
of  six  employers  against  the  Determination  of  the  Artificial  Manure  Board  on 
the  ground  that  the  wage  for  adults,  40s.  6d.,  was  too  high,  and  it  was  sug- 
gested that  36s.  be  not  exceeded.  The  Court  fixed  the  wages  of  adults  at  36s. 
per  week. 

On  the  17th  September,  1906,  the  Determination  of  the  Fellmongers  Board 
was  appealed  against  by  the  representatives  of  employers  on  that  Board,  who 
stated  that  the  hours  should  be  54,  and  not  48,  and  that  the  proportion  of 
improvers  should  be  increased.  The  Court  fixed  the  number  of  hours  per 
week  at  54,  but  did  not  alter  the  proportion  of  improvers. 

Again,  on  the  2nd  October,  1906,  the  Court  was  appealed  to  by  the  em- 
ployes, and,  as  a  result,  in  1909  the  Court  fixed  the  hours  at  48  per  week 
instead  of  54,  and  some  of  the  rates  fixed  at  42s.  were  amended  to  45s. 

On  the  llth  October,  1906,  the  representatives  of  employers  on  the  Printers 
Board  appealed  against  the  Board's  Determination,  stating  that  the  condition 
of  the  trade  did  not  then  warrant  an  increase  in  wages.  The  Court  dismissed 
the  appeal  and  upheld  the  Determination  of  the  Board. 

The  Starch  Board,  being  unable  to  arrive  at  a  Determination,  the  matter  of 
determining  the  wages  of  the  employees  in  that  trade  was  referred  by  the 
Minister  of  Labour  to  the  Court  of  Industrial  Appeals,  and  the  Court  drew  up 
a  Determination,  which  came  into  force  on  the  29th  June,  1907. 

On  the  15th  August,  1907,  the  employers'  representatives  on  the  Bread 
Board  appealed  against  the  increase  in  wages  in  the  Determination  of  the 
Board.  The  Court  dealt  with  the  matter,  and  in  its  Determination,  which 
came  into  force  on  the  15th  September,  1907,  the  minimum  wage  of  54s.  was 
altered  to  50s.  per  week. 

On  the  12th  November,  1909,  an  appeal  against  the  Determination  of  the 
Ice  Board  was  made  by  the  representatives  of  employers  on  that  Board,  who 
considered  that  the  rate  for  chamber  hands,  Is.  3d.,  was  too  high.  The  Court 
amended  the  wage,  and  fixed  it  at  Is.  per  hour. 

On  the  16th  November,  1909,  three  representatives  of  employers  on  the 
Hairdressers  Board  appealed  against  the  Determination  of  their  Board,  on  the 


374          APPENDIX  TTT  —  MINIMUM  WAUE  LEOLST,ATTOX. 

(7)  The  Court  shall  have  and  may  exercise  in  respect  of  the 
summoning  sending  for  and  examining  of  witnesses,  documents 
and  books  and  in  respect  of  persons  summoned  or  giving  evidence 
before  the  Court  the  same  powers  as  are  by  the  Evidence  Act  1890 
conferred  on  a  Board  or  Commission  appointed  or  issued  by  the 
Governor  in  Council;  provided  however  that  every  summons  to 
attend  the  Court  may  be  signed  by  the  Registrar. 

(8)  No  evidence  relating  to  any  trade  secret  or  to  the  profits 
or  financial  position  of  any  witness  or  party  shall  be  disclosed  or 
published  without  the  consent  of  the  person  entitled  to  the  trade 
secret  or  non-disclosure. 

(9)  The  Determination  of  the  Court  shall  be  final  and  with- 
out appeal  and  may  not  be  reviewed  or  altered  by  a  Special  Board 
without  leave  of  the  Court,  but  the  Court  if  satisfied  upon  affidavit 
that  a  prima  facie  case  for  review  exists  may  either  give  such  leave 
or  may  direct  a  rehearing  before  the  Court,  when  the  Court  may 
itself  alter  or  amend  its  Determination. 

(10)  The  Determination  of  the  Court  shall  be  forwarded  to 
the  Minister  by  the  Registrar. 

177.  (1)  (Act  2386.)  On  any  such  appeal  or  reference  to 
the  Court,  the  Court  may  in  its  discretion  appoint  two  assessors  for 
the  purpose  of  advising  on  any  questions  relating  to  the  Deter- 
mination. 

(2)  Within  such  time  as  the  Court  specifies,  one  of  such  as- 
sessors may  be  nominated  by  the  representatives  of  the  employers 
and  one  by  the  representatives  of  the  employes  on  the  Special 
Board  which  made  the  Determination. 

grounds  that  the  minimum  wages  of  certain  male  and  female  workers  were 
too  high,  and  that  the  proportion  of  improvers  was  too  low.  As  a  result  of 
their  representations,  the  proportion  of  improvers  was  amended  by  the  Court, 
but  the  minimum  wages  fixed  for  males  and  females  were  upheld. 

On  the  24th  July,  1912,  an  appeal  was  lodged  by  the  representatives  of 
employers  on  the  Boilermakers  Board  against  a  rate  of  54s.  fixed  for  a  certain 
class  of  labourers.  A  supplementary  appeal  was  lodged  on  the  15th  day  of 
August,  1912,  against  a  rate  of  48s.  fixed  for  another  class  of  labourers.  The 
Court  fixed  four  rates  for  labourers  at  54s.,  52s.,  50s.,  and  48s.,  respectively. 

On  the  21st  December,  1912,  the  Minister  of  Labour  referred  the  first 
Determination  of  the  Commercial  Clerks  Board  for  the  consideration  of  the 
Court,  more  particularly  with  regard  to  rates  to  be  paid  to  female  type- 
writers. No  decision  has  yet  been  given. 


Mi\i\ir\i    W.\(;i:    LAW   OF   VICTORIA.  ^7". 

(3)  If  default  is  made  in   nominating  ;in  assessor  I'm1  the  eni- 
plovors  or  the  enip!<>vrs  (as  the  case  may  U-)   the  Court  may  ap- 
point an  .1—  essor  for  the  employers  or  the  employes   (as  the  case 
may  l>e)   without  jmy  nomination. 

(4)  Each  assessor  shall   he  entitled  to  an  attendance  fee  of 
One  pound  for  every  day  on  which  he  attends  the  Court  by  order 
of  the  Court. 

ITS.  (1)  (Act  2386.)  The  Minister  shall  cause  each  Deter- 
mination of  the  Court  to  be  published  in  the  Government  Gazette 
and  such  Determination  shall  apply  to  every  part  of  Victoria  to 
which  the  referred  Determination  applies  or  is  expressly  applied. 

(2)  The  production  before  any  Court  Judge  or  Justice  of  a 
copy  of  the  Government  Gazette  containing  a  Determination  of 
the  Court  shall  be  conclusive  evidence  of  the  making  and  existence 
of  such  Determination  and  of  the  appointment  of  such  Court  and 
of  all  preliminary  steps  necessary  to  the  making  of  such  Deter- 
mination. 

(3)  The  provisions  of  this  Act  for  or  relating  to  the  enforce- 
ment of  any  Determination  of  a  Special  Board  shall  equally  apply 
to  any  Determination  made  by  the  Court,  and  such  provisions  shall 
with  such  substitutions  as  may  be  necessary  be  read  and  construed 
accordingly. 

179.  (1)      (Act  2386.)      A  Determination  of  the  Court  of  In- 
dustrial Appeals  may  be  applied  by  an  Order  of  the  Governor  in 
Council  to  any  shire  or  portion  of  a  shire. 

(2)  Every  Order  of  the  Governor  in  Council  made  pursuant 
to  this  section  shall  be  published  in  the  Government  Gazette  and 
any  Determination  thereby  applied  to  any  shire  or  portion  of  a 
shire  shall  have  full  force  and  effect  within  such  shire  or  portion. 

180.  (Act  2386.)     The  Court  of  Industrial  Appeals  may  re- 
vise or  alter  its  own  Determination  at  any  time  and  from  time  to 
time  on  the  application  of  either  the  representatives  of  employers 
or  representatives  of  employes  on  the  Special  Board. 


376          APPENDIX  III  --  MINIMUM  WAGE  LEGISLATION. 

181.  (Act  2386.)      The  Court  of  Industrial  Appeals  shall  have 
all  the  powers  of  the  Supreme  Court  and  shall  in  every  case  he 
guided  by  the  real  justice  of  the  matter  without  regard  to  legal 
forms  and  solemnities  and  shall  direct  itself  by  the  best  evidence 
it  can  procure  or  that  is  laid  before  it  whether  the  same  be  such 
evidence  as  the  law  would  require  or  admit  in  other  cases  or  not ; 
and  if  the  Court  considers  any  further  evidence  or  information 
which  would  assist  the  Court  could  be  obtained,  the  Court  shall 
intimate  in  open  Court  what  further  evidence  or  information  the 
Court  desires. 

APPRENTICES  AND  IMPROVERS. 
(1)    Apprentices  and  Improvers. 

182.  (1)      (Act  2386.)     When  determining  any  prices  or  rates 
of  payment  every  special  Board  shall  also  determine  — 

(a)  the  number  or  proportionate  number  of  apprentices  and 
improvers  who  may  be  employed  within  any  factory  or  shop  or 
place  or  in  any  process  trade  business  or  occupation  ;*  and 

(]})  the  lowest  prices  or  rates  of  pay  payable  to  appren- 
tices or  improvers  when  wholly  or  partly  preparing  or  manufactur- 
ing any  articles  as  to  which  any  Special  Board  has  made  or  makes 
a  Determination  or  when  engaged  in  any  process  trade,  business  or 
occupation  as  to  which  any  Special  Board  has  made  or  makes  a 
Determination,  f 

*  It  will  be  noted  that  a  Board  is  given  power  to  determine  the  number  or 
proportionate  number  of  apprentices  and  improvers  who  may  be  employed — 

( 1 )  In  any  factory  or  shop  or  place ; 

(2)  In  any  process,  trade,  business,  or  occupation. 

Boards  have  always  fixed  the  number  with  reference  to  a  factory,  shop,  or 
place,  or  with  reference  to  an  individual  employer.  It  is  difficult  to  see  how  a 
fixing  of  the  number  in  a  process,  trade,  business,  or  occupation  could  be 
practicably  administered,  seeing  that  there  would  be  no  means  of  deciding 
how  many  improvers  or  apprentices  any  particular  employer  would  be  enti- 
tled to. 

fAny  improver  may,  at  the  option  of  his  employer,  be  put  to  any  class  of 
work.  It  is  allowable  for  a  Board  to  fix  varying  rates  for  improvers  accord- 
ing to  the  work  at  which  they  are  employed.  The  case  is  different,  however, 
regarding  apprentices.  An  apprentice  has  to  be  taught  the  whole  of  the  trade 
to  which  he  is  apprenticed,  and  only  one  scale  of  payment  can  be  fixed,  no 
matter  what  his  work. 


MINIMUM  WAGE  LAW  OF  VICTOKJA.  377 

(2)  The  Board  when  so  determining  may  - 

(ft.)  take  into  consideration  the  age  sex  and  experience  of  such 
apprentices  or  improvers;, 

(6)  fix  a  scale  of  prices  or  rates  payable  to  such  apprentices 
or  improvers  respectively  according  to  their  respective  age  sex  and 
experience;  and 

(c)  fix  a  different  number  or  proportionate  number  of  male 
and  female  apprentices  or  improvers. 

(d)  prescribe  the  form  of  apprenticeship  indentures   to  be 
used. 

(3)  In  fixing  the  number  or  proportionate  number  of  appren- 
tices the  Board  shall  not  fix  a  less  number  or  proportionate  number 
than  one  apprentice  for  every  three  or  fraction  of  three  workers 
engaged  in  the  particular  process  trade  business  or  occupation  and 
receiving  the  minimum  wage  or  earning  at  piece-work  not  less  than 
the  minimum  wage  fixed  for  the  time  by  such  Determination. 

(4)  Provided  that  where  prior  to  the  fourth  day  of  January 
one  thousand  nine  hundred  and  eleven  all  the  apprentices  of  any 
employer  have  been  engaged  so  that  all  of  their  terms  of  appren- 
ticeship would  expire  within  eighteen  months  of  one  another,  such 
employer  shall  be  exempt  from  the  operation  of  this  Act  and  from 
the  Determination  of  any  Special  Board  so  far  as  limitation  of 
apprentices  is  concerned  for  a  period  not  exceeding  the  term  of 
apprenticeship  in  the  particular  trade  from  the  said  fourth  day  of 
January,  one  thousand  nine  hundred  and  eleven,  so  that  it  shall 
be  lawful  during  such  period  as  each  apprentice  of  such  employer 
completed  his  first,  second,  third,  fourth,  fifth,  or  sixth  year,  for 
the  employer  to  take  another  apprentice  to  supply  his  place,  so  that 
a  due  and  not  disproportionate  number  of  skilled  workmen  shall  be 
secured:     Provided  that  at  the  expiration  of  such  period  of  ex- 
emption the  number  of  apprentices  is  not  in  excess  of  the  number 
such  employer  would  be  entitled  to  employ  in  proportion  to  the 
number  of  persons  other  than  apprentices  and  improvers  employed. 


378         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

183.  (Act  2386.)      No  person  who  has  a  greater  number  of 
apprentices  in  his  employ  than  is  prescribed  in  the  Determination 
of  a  Special  Board  shall  be  or  be  deemed  to  be  guilty  of  a  contra- 
vention of  this  Act  if  he  proves  — 

(a)  that  such  apprentices  employed  by  him  were  under  inden- 
tures of  apprenticeship  entered  into  before  the  thirty-first  day  of 
December,  one  thousand  nine  hundred  and  ten;  or 

(6)  that  at  the  date  of  entering  into  the  indentures  of  appren- 
ticeship in  respect  of  the  last  apprentice  employed  by  him  and  for 
three  months  previous  thereto  he  had  in  his  employ  such  number 
of  persons  other  than  apprentices  and  improvers  as  at  that  date 
entitled  him  to  the  number  of  apprentices  (including  such  last 
apprentice)  in  his  employ. 

184.  (Act  2386.)     Where  any  indentures  of  apprenticeship 
are  entered  into  with  respect  to  any  trade  to  which  the  Determina- 
tion of  a  Special  Board  applies  and  the  wages  to  be  paid  to  the  ap- 
prentice are  stated  in  such  indentures  then  notwithstanding  any- 
thing contained  in  this  Act  and  notwithstanding  any  subsequent 
alteration  of  such  Determination  by  such  Special  Board  the  wages 
to  be  paid  to  such  apprentice  during  the  currency  of  such  inden- 
tures shall  be  the  wages  stated  in  the  indentures. 

185.  (Act  2386.)      (Repealed  by  Section  4,  Act  2447.)* 

(2)    Apprentices. 

186.  (Act  2386.)     Where  any  apprentice  under  the  age  of 
twenty-one  years  has  been  bound  in  writing  by  indentures  of 
apprenticeship  for  a  period  of  not  less  than  two  years,  no  provision 
in  any  Determination  of  a  Special  Board  shall  invalidate  cancel 
or  alter  such  deed  of  apprenticeship  in  any  way  whatever  if  such 
deed  of  apprenticeship  was  signed  by  all  parties  thereto  before  the 

*  Section  185  was  a  machinery  section  designed  in  the  Consolidating  Act  to 
provide  against  the  expiry  of  sections  182,  183.  and  184,  which  were  only  in 
force  till  31st  December,  1912.  The  repeal  of  section  185  merely  has  the 
t  of  making  sections  1S2.  183,  and  184  permanent. 


MINI  MI;  At  WAGE  LAW  OF  \ricTOKiA.  379 

notice  of  motion  for  the  resolution  for  the  appointment  of  such 
Special  Board  was  given  in  either  House  of  Parliament. 

187.  (1)      (Act  2386.)      No  indenture  of  apprenticeship  shall 
be  deemed  to  be  invalid  under  this  Act  by  reason  only  that  such  in- 
denture is  not  under  seal. 

(2)  ~No  indenture  of  apprenticeship  shall  be  entered  into  after 
the  passing  of  this  Act  in  connection  with  any  trade  working  under 
this  Act  except  in  the  form*  (if  any)  prescribed  by  any  Special 
Board  dealing  with  such  trade  and  approved  of  by  the  Minister. 

188.  (1)      (Act  2386.)     Any  failure  either  by  an  employer  or 
an  apprentice  to  carry  out  the  terms  of  an  indenture  of  apprentice- 
ship shall  be  deemed  to  be  a  contravention  of  this  section,  f 

(2)  When  the  Minister  is  satisfied  that  there  is  any  such  fail- 
ure either  by  an  employer  or  apprentice  he  may  direct  that  pro- 
ceedings shall  be  instituted  against  the  employer  or  apprentice  as 
the  case  may  be. 

(3)  A  Court  of  Petty  Sessions  may  for  any  such  contraven- 
tion— 

(a)  impose  a  penalty  not  more  than  Ten  pounds  and  in  ad- 
dition 

(&)  order  the  defendant  to  enter  into  such  securities  as  the 
Court  may  think  fit  to  carry  out  the  terms  of  the  indenture; 

(c)  or  impose  on  any  employer  a  penalty  not  more  than 
Twenty-five  pounds  if  the  Court  is  satisfied  that  the  apprentice  has 
not  been  taught  the  trade  in  accordance  with  the  indenture  of  ap- 
prenticeship and  that  the  employer  has  not  given  to  the  Court  any 
satisfactory  explanation  of  such  failure  to  teach  the  apprentice  the 

*  The  power  of  a  Special  Board  to  prescribe  the  form  of  indenture  will  be 
found  in  sections  141  and  182.  For  a  convenient  form  of  indenture,  see  page 
1-J(»  post. 

t  Where  either  an  employer  or  an  apprentice  considers  that  the  other  is 
committing  a  breach  of  any  of  the  covenants  full  information  should  be  sent 
to  the  Chief  Inspector  of  Factories  with  the  duplicate  copy  of  the  indenture. 
Inquiry  will  then  be  made,  and  steps  taken  by  the  officers  of  the  Factories 
Department  to  enforce  observance  of  the  nirreement. 


380         APPENDIX  III  —  MINIMUM  WAGE  LEGISLATION. 

trade.  The  whole  or  any  part  of  such  penalty  may  be  applied  for 
the  benefit  of  the  apprentice  or  otherwise  as  the  Minister  deter- 
mines. 

189.  (Act   2386.)      The  Minister  may  grant  permission   in 
writing  to  any  person  — 

(a)  to  be  bound  for  less  than  three  years  as  an  apprentice  to 
any  trade  subject  to  the  Determination  of  a  Special  Board; 

(b)  who  may  become  over  twenty-one  years  of  age  during  the 
term  of  his  apprenticeship  to  complete  the  term  of  his  apprentice- 
ship ; 

(c)  who  is  over  twenty-one  years  of  age  to  be  bound  by  inden- 
tures of  apprenticeship.* 

190.  (Act  2386.)     Except  in  cases  where  the  Minister  has 
given  his  permission  in  writing  as  aforesaid  all  apprentices  unless 
bound  by  indentures  of  apprenticeship  which  bind  the  employer 
to  instruct  such  apprentice  for  a  period  of  at  least  three  years  shall 
be  deemed  to  be  improvers  for  the  purposes  of  this  Act.f 

(3)    Prohibition  of  Certain  Premiums  and  Guarantees. 

191.  (Act  2386.)      Any  person  who  either  directly  or  indi- 
rectly or  by  any  pretence  or  device  requires  or  permits  any  person 
to  pay  or  give  or  who  receives  from  any  person  any  consideration, 
premium  or  bonus  for  engaging  or  employing  any  female  as  an 
apprentice  or  improver  in  preparing  or  manufacturing  articles  of 

*Any  person  of  working  age  and  under  twenty-one  can  enter  into  appren- 
ticeship for  a  term  of  three  years  or  over  in  any  trade  subject  to  the  Determi- 
nation of  a  Special  Board,  but  if  it  is  desired  that  the  term  of  apprenticeship 
be  less  than  three  years,  an  application  should  be  made  to  the  Minister  of 
Labour,  on  the  form  provided  for  that  purpose,  which  may  be  obtained  at  the 
office  of  the  Chief  Inspector  of  Factories.  That  permission  will  be  granted 
freely  in  case  it  is  desired  to  enable  a  young  worker  to  complete  his  experience 
in  his  trade.  If,  for  instance,  he  had  served  three  and  a  half  years'  appren- 
ticeship to  one  employer,  and  desired  for  any  reason  (his  first  indentures  hav- 
ing expired  or  been  cancelled)  to  complete  five  years'  experience  by  serving 
one  and  a  half  years  with  another  employer,  he  would  be  granted  permission 
as  a  matter  of  course.  If,  on  the  other  hand,  he  had  no  experience,  and 
wished  to  be  bound  newly  to  a  trade  for  less  than  three  years,  the  Minister 
would  require  strong  reasons  for  permitting  apprenticeship  for  a  term  which 
would  be  considered  too  short  to  enable  him  to  completely  master  his  craft. 
A  form  of  application  under  any  of  the  paragraphs  of  this  section  may  be 
obtained  at  the  office  of  the  Chief  Inspector  of  Factories. 

t  Section  5  defines  "  improver." 


MINIMUM  WAGE  LAW  OF  VICTORIA.  381 

<,r  wearing  apparel  shall  IK-  guilty  of  an  offence  and  shall 
bo  liable  on  conviction  to  a  penalty  not  more  than  Ten  pounds;  arid 
the  person  who  pays  or  gives  such  consideration,  premium  or  bonus 
may  recover  the  same  in  any  Court  of  competent  jurisdiction  from 
the  person  who  received  the  same. 

192.  (Act  2386.)     Any  shopkeeper  (other  than  a  registered 
pharmaceutical  chemist)  who  either  directly  or  indirectly  or  by 
any  pretence  or  device  requires  or  permits  any  person  to  pay  or 
give  him  or  who  receives  from  any  person  any  consideration,  pre- 
mium or  bonus  for  engaging  or  employing  any  person  in  connec- 
tion with  the  selling  of  goods  or  in  connection  with  the  business  of 
a  hairdresser  or  barber  as  an  apprentice  or  improver  in  a  shop  shall 
be  guilty  of  an  offence  and  shall  be  liable  on  conviction  to  a  penalty 
not  more  than  Ten  pounds;  and  the  person  who  pays  or  gives  such 
consideration,  premium  or  bonus  may  recover  the  same  in  any 
Court  of  competent  jurisdiction  from  the  person  who  received  the 
same. 

193.  (1)      (Act  2386.)     Except  with  the  consent  of  the  Min- 
ister in  writing  no  person  shall  require  or  permit  any  person  to 
pay  any  sum  of  money  or  enter  into  or  mate  any  guarantee  or 
promise  requiring  or  undertaking  that  such  person  shall  pay  any 
sum  of  money  in  the  event  of  the  behaviour  or  attendance  or  obe- 
dience of  any  apprentice  improver  or  employe  not  being  at  any 
time  satisfactory  to  the  employer. 

(2)  Any  such  guarantee  or  promise  as  aforesaid  or  to  the  like 
effect  entered  into  or  made  after  the  commencement  of  this  Act 
without  the  consent  of  the  Minister  as  aforesaid  shall  be  null  and 
void,  and  any  person  who  without  such  consent  makes  or  requires 
such  guarantee  or  promise  shall  be  liable  on  conviction  to  a  penalty 
not  exceeding  Ten  pounds. 

(3)  Any  sum  which  after  the  commencement  of  this  Act  is 
paid  in  pursuance  of  such  a  guarantee  or  promise  as  aforesaid  or 
to  the  like  effect  made  in  contravention  of  this  section  shall  be 
returned  to  the  person  paying  same;  and  the  person  who  has  so 
paid  any  such  sum  may  if  the  same  is  not  returned  to  him  on  de- 
mand recover  the  same  with  costs  in  any  Court  of  competent  juris- 
diction from  the  person  who  received  the  same. 


APPENDIX  TIT  --  MINIMUM   WAGE  LEGISLATION. 

(4)    Improvers. 

104:.  (Act  !288G.)  The  Minister  is  hereby  authorized  to  grant 
to  any  person  over  twenty-one  years  of  age  who  has  satisfied  him 
that  such  person  has  not  had  the  full  experience  prescribed  for 
improvers  by  the  Special  Board  a  license  to  work  as  an  improver 
for  the  period  named  in  such  license  at  the  wage  fixed  by  the  Board 
for  an  improver  of  any  like  experience. 


SKF.KCT    BIBLIOGRAPHY; 


APPENDIX  C. 


(1)  SELECT  BIBLIOGRAPHY. 

A  few  of  the  more  recent  and  most  available  references  on 
minimum  wage  legislation: 

Aves,  Ernest.  Report  to  the  secretary  of  state  for  the  Home 
Department  on  the  wages  boards  and  industrial  conciliation  and 
arbitration  acts  of  Australia  and  New  Zealand.  London:  Dar- 
ling &  Son,  Ltd.  1908.  226  pp. 

An  exhaustive  study  of  the  operation  of  the  wage  boards  and  of  the  indus- 
trial arbitration  and  conciliation  acts  of  Australasia,  including  results 
obtained  through  this  legislation. 

Brandeis,  Louis  D.,  and  Goldmark,  Josephine.  Appendix  to 
briefs  filed  on  behalf  of  respondents  in  case  of  Frank  C.  Stettler 
v.  Edwin  V.  O'Hara,  Bertha  Moores,  Amedee  M.  Smith,  consti- 
tuting the  industrial  welfare  (minimum  wage)  commission  of 
Oregon.  1914.  207pp. 

Selection  of  extracts  from  all  sources  favorable  to  the  legal  minimum  wage. 
Sets  forth  the  evil  of  low  wages,  the  benefits  of  an  adequate  wage,  the  benefits 
of  the  legal  minimum  wage  and  the  analogy  with  other  labor  legislation. 

Clark,  John  Bates.  The  Minimum  Wage.  (Atlantic  monthly, 
Boston,  Sept.  1913.  pp.  289-297.) 

A  theoretical  discussion  setting  forth  the  probable  disadvantages  of  the 
legal  minimum  wage,  with  particular  emphasis  upon  those  who  might  be 
thrown  out  of  work  by  such  laws. 

Hammond,  Matthew  B.  Judicial  interpretation  of  the  mini- 
mum wage  in  Australia.  (American  economic  review.  Prince- 
ton, N.  J.,  1913.  v.  3,  pp.  259-286.) 

Analysis  of  the  fundamental  principles  underlying  decisions  given  under 
the  laws  establishing  minimum  wages  in  Australasia.  Based  upon  studies 
made  during  a  personal  visit  to  those  countries  in  the  winter  of  1911-1912. 

— .  The  minimum  wage  in  Great  Britain  and 
Australia.  (American  academy  of  political  and  social  science. 
Annals.  Baltimore,  1913.  v.  48,  pp.  22-36.) 

Results  secured  under  the  Victorian  and  British  wage  boards  laws,  based 
upon  personal  investigations. 


384         APPENDIX  III --MINIMUM  WAGE  LEGISLATION. 

Holconibe,  Arthur  N.  The  legal  minimum  wage  in  the  United 
States.  (American  economic  review.  Princeton,  N.  J.,  1912. 

v.  2,  pp.  21-37.) 

Foreign  systems  of  wage  regulation,  constitutional  outlook  in  America,  the 
economic  need  of  minimum  wage  legislation,  and  the  probable  effect  upon  the 
relation  between  employer  and  employes. 

Kennaday,  Paul.  Victorian  wages  boards  and  the  New  Zealand 
conciliation-arbitration  act.  (Yale  review.  New  Haven,  1910. 
v.  19,  pp.  32-54.) 

Method  of  operation  of  the  New  Zealand  and  Victorian  laws,  including 
personal  impressions  of  the  writer  based  upon  a  visit  to  those  countries. 

Markham,  Arthur  B.  The  coal  strike.  (Quarterly  review. 
London,  1912.  v.  216,  pp.  554-573.) 

Causes  of  the  coal  strike  of  1912,  the  passage  of  the  coal  mines  minimum 
wage  act,  and  the  probable  effect  of  the  operation  of  that  law. 

Ryan,  John  Augustine.  A  living  wage;  its  ethical  and  eco- 
nomic aspects.  With  an  introduction  by  R.  T.  Ely.  New  York : 
The  Macmillan  Co.,  1906.  346  pp. 

Seager,  Henry  Rogers.  The  theory  of  the  minimum  wage. 
(American  labor  legislation  review.  New  York,  1913.  v.  3,  pp. 
81-91.) 

A  statement  of  the  underlying  theory  of  minimum  wage  legislation  together 
with  its  probable  results  upon  the  organization  of  industry  and  upon  other 
problems  of  labor  legislation.  Contains  discussion  by  John  R.  Commons, 
Paul  U.  Kellogg,  M.  B.  Hammond,  George  W.  Anderson,  Henry  Abrahams, 
G.  W.  Noyes,  Edward  F.  McSweeney,  George  C.  Groat  and  Emily  Green  Balch. 

Snowden,  Philip.  The  living  wage.  With  a  preface  by  H. 
Spender.  London:  Hodder  and  Stoughton,  1913.  189pp. 

Discussion  of  the  benefits  of  the  legal  minimum  wage,  including  experience 
gained  under  the  British  Trade  Boards  Act  since  1910. 

Webb,  Sidney.  The  economic  theory  of  a  legal  minimum  wage. 
(Journal  of  political  economy.  Chicago,  1912.  v.  20,  pp.  973- 
998.) 

Summary  of  the  theoretical  and  practical  arguments  in  favor  of  the  mini- 
mum'wage,  illustrated  by  experience  under  existing  laws.  A  comprehensive 
statement  in  favor  of  minimum  wage  legislation. 


MINIMUM  WAGE  COMMISSIONS.  385 

(2)  MINIMUM  WAGE  COMMISSIONS. 

California  —  Industrial  Welfare  Commission.  (Five  mem- 
bers. )  Personnel  —  Frank  J.  Murasky,  Mrs.  Chas.  Farwell 
Edson,  A.  B.  C.  Dohrmann,  A.  Bonnheim,  Walter  Mathewson. 
Address  —  San  Francisco. 

Colorado  —  State  Wage  Board.  (Three  members.)  Per- 
sonnel —  W.  H.  Kistler,  Mrs.  Myrtle  Porter,  Mrs.  Hattie  Sloth- 
ower,  Sec.  Address  —  Denver. 

Massachusetts  —  Minimum  Wage  Commission.  (Three  com- 
missioners.) Personnel  —  H.  La  Rue  Brown,  Arthur  N.  Hoi- 
combe,  Mabel  Gillespie,  Amy  Hewes,  Sec.  Address  —  Y20-721 
New  Albion  Bldg.,  1  Beacon  street,  Boston. 

Minnesota —  Minimum  Wage  Commission.  (Three  members.) 
Personnel  —  W.  F.  Houk,  A.  H.  Lindeke,  Eliza  P.  Evans,  Sec. 
Address  —  St.  Paul. 

Nebraska  —  Minimum  Wage  Commission.  (Four  members.) 
Personnel  —  Not  yet  appointed.  Address  —  Omaha. 

Oregon  —  Industrial  Welfare  Commission.  (Three  members.) 
Personnel  —  Edwin  V.  O'Hara,  Bertha  Moores,  Amedee  M. 
Smith,  Caroline  J.  Gleason,  Sec.  Address  —  610  Commercial 
Block,  Portland. 

Utah  —  No  board.  Commissioner  of  Immigration,  Labor  and 
Statistics  charged  with  enforcement  of  law. 

Washington. —  Industrial  Welfare  Commission.  (Five  mem- 
bers.) Personmel  —  Edw.  W.  Olson,  Mrs.  Jackson  Silbaugh, 
Mrs.  Florence  H.  Swanson,  Rev.  M.  H.  Marvin,  Mrs.  Udall. 
Address* —  Olympia. 

Wisconsin  —  Industrial  Commission      (Three  commissioners.) 
Personnel  —  C.  H.  Crownhart,  J.  D.  Beck,  Fred  M.  Wilcox,  P.  J. 
Watrous,  Sec.     Address  —  Madison. 
13 


APPENDIX  IV 


A  LIST  OF  SELECTED  REFERENCES  ON  THE 
MINIMUM  WAGE. 

PREPARED   BY 

C.  C.  WILLIAMSON,  PH.D., 

Chief  of  the  Division  of  Economics  and  Sociology  of  the  New 
York  Public  Library. 


[387] 


THE    MINIMUM   WAGE:    A   PRELIMINARY   LIST    OF 
SELECTED  REFERENCES.* 


Addams,  Jane.  Minimum  wage  boards  for  women.  (Ladies 
Home  Journal.  Philadelphia,  1913.  f°  Vol.  30,  No.  3,  p.  27.) 

Alden,  Percy.  Sweating  and  the  fair  wages  report.  (Interna- 
tional: a  review  of  the  world's  progress.  London,  1909.  4°.  Vol 
4,  pp.  224-231.) 

Ashley,  William  James.  Wages  boards  and  home  workers. 
(National  Review.  London,  1908.  4°.  Vol.  52,  pp.  636-649.) 

Aves,  Ernest.  Report  to  the  Secretary  of  State  for  the  Home 
Department  on  the  wages  boards  and  industrial  conciliation  and 
arbitration  acts  of  Australia  and  New  Zealand.  London:  Darling 
&  Son,  Ltd.,  1908.  226  p.  f°.  (Great  Britain.  Parliamentary 
papers.  1908,  Vol.  71.) 

B.,  N.  A  fair  day's  pay.  (Westminster  Review.  London, 
1907.  8°.  Vol.  167,  pp.  547-553.) 

Bauer,  E.  Vers  le  minimum  de  salaire.  Conference  faite  a 
T Office  Social  de  Lyon  le  7er  mars  1909.  (Questions  pratiques 
de  legislation  ouvriere  et  d'economie  sociale.  Paris,  1909.  8°. 
Tome  10,  pp.  137-141,  180-192.) 

Baylee,  J.  Tyrrell.  The  minimum  wage  and  the  poor  law. 
(Westminster  Review.  London,  1899.  8°.  Vol.  152,  pp.  628- 
640.) 

Belgium. —  Office  du  Travail.  Le  minimum  de  salaire  et  les 
administrations  publiques  en  Belgique.  Bruxelles:  P.  Lebegue 
&  Cie.,  1911.  2  p.L,  3-206  p.,  1  1.  8°. 

*  All  material  included  in  this  list  is  on  file  in  the  Reference  Department  of 
the  New  York  Public  Library. 

[389] 


390  APPENDIX  IV  —  SELECTED  REFERENCES. 

Bellet,  Daniel.  Du  repos  hebdomadaire  au  salaire  minimum. 
(Journal  des  ficonomistes.  Paris,  1908.  4°.  Series  6,  tome  18, 
pp.  19-35.) 

Belloc,  Hilaire.  The  minimum  wage  and  the  servile  state. 
(Month.  London,  1914.  8°.  Vol.  123,  pp.  33-41.) 

Bellom,  Maurice.  Le  juste  salaire.  (Academic  des  sciences 
morales  et  politiques.  Seances  et  travaux.  Compte  rendu.  Paris, 
1909.  8°.  Tome  171,  pp.  396-410.) 

Le   juste   salaire.      (Grande  Rev.      Paris,    1909.      4°. 

Vol.  53,  pp.  502-513.) 

Bender,  fimile.  Le  salaire  effectif,  sa  protection  par  la  loi. 
Avec  preface  de  Paul  Pic.  Paris:  A.  Rousseau  [1898].  2  p.l., 
vii,  5-182  p.  4°. 

Berthod,  Aime.  Le  minimum  de  salaire  des  ouvrieres  a  domi- 
cile dans  Findustrie  du  vetement.  (Questions  pratiques  de  leg- 
islation ouvriere  et  d'economie  sociale.  Paris,  1913.  8°.  Annee 
4,  pp.  257-269.) 

Black,  Clementina.  Legislative  proposals.  (In:  Woman  in 
industry  from  seven  points  of  view.  London,  1908.  12°.  pp. 
183-206.) 

—  Sweated  industry,  and  the  minimum  wage,  by  C.  Black. 
With  an  introduction,  by  A.  G.  Gardiner.  London:  Duckworth 
&  Co.,  1907.  xxiv,  281  p.,  1  1.  12°. 

What  is  a  fair  wage?     (New  Review.     London,  1893. 

Vol.  8,  pp.  587-592.) 

Boehringer,  Robert.  Die  Lohnamter  in  Victoria.  Leipzig: 
Duncker  &  Humblot,  1911.  viii,  197  p.  8°.  (Staats-  und  sozial- 
wissenchaftliche  Forschungen.  Heft  154.) 

v  Boyaval,  Paul.  La  lutte  contre  le  sweating-system.  Le  mini- 
mum legal  de  salaire.  L'exemple  de  FAustralasie  et  de  1' Angle- 
terra  Paris:  A.  Taffin-Lefort,  1911.  718  p.  4°.  (Universite 
de  Nancy.  Faculte  de  droit.) 

Bibliography,  pp.  633-708. 


APPENDIX  IV —  SELECTED  REFERENCES.  391 

Boyle,  James.  The  legal  minimum  wage.  (Forum.  New 
York,  1913.  8°.  Vol.  49,  pp.  576-584.) 

—  The  minimum  wage  and  syndicalism;  an  independent 
survey  of  the  two  latest  movements  affecting  American  labor.   Cin- 
cinnati: Stewart  &  Kidd  Co.     [Cop.  1913.]     136  pp.     12°. 

Brandeis,  Louis  D.,  and  Josephine  Goldmark.  In  the  Supreme 
Court  of  the  State  of  Oregon,  Oct.  term,  1913.  F.  C.  Stettler, 
plaintiff  and  appellant,  vs.  E.  V.  O'Hara,  B.  Moores,  A.  M.  Smith, 
constituting  the  Industrial  Welfare  Commission  of  the  State  of 
Oregon,  defendants  and  respondents.  Appendix  to  the  briefs  filed 
on  behalf  of  the  respondents,  n.  p.  [1913].  2  p.l.,  3-207  pp.  1 
table.  8°. 

Brentano,  Lujo.  Ueber  Syndikalismus  und  Lohnminimum; 
zwei  Vortrage  nebst  einem  Anhang,  enthaltend  Ausfiihrungen  und 
Dokumente  zur  Illustrierung  der  Kempfweise  der  Gegner  sozialer 
Reform  gegen  deren  Vertreter.  Miinchen:  Suddeutsche  G.  M.  b. 
H.,  1913,  114  pp.  8°. 

Broadhead,  Henry.  The  minimum  wage.  (In  his:  State  regu- 
lation of  labour  and  labour  disputes  in  New  Zealand.  Christ- 
church,  K  Z.,  1908.  8°.  pp.  57-74.) 

Broda,  Rodolphe.  Inwieweit  ist  eine  gesetzliche  Festlegung  der 
Lohn-  und  Arbeitsbedingungen  moglich  ?  Erfahrungen  Englands, 
Australiens  und  Kanadas.  Berlin:  G.  Reimer,  1912.  x,  286 
pp.  8°. 

La  fixation  legale  des  salaires;  experiences  de  1'Angle- 
terre,  de  'Austeralie  et  du  Canada.  Paris:  M.  Giard  et  E.  Briere, 
1912.  2  p.L,  181  pp.  8°. 

—  Inwieweit  ist  eine  gesetzliche  Festlegung  der  Lohn  — 
und  Arbeitsbedingungen  notig.     (In:  Internationale  Vereinigung 
fiir  Vergleichende  Rechtswissenschaft  und  Volkswirtschaftslehre 
in  Berlin,  I.     Heidelberg,  1911.     Verhandlungen.     Berlin,  1912. 

8°.    pp.  571-578.) 

—  Le   salaire  minimum   pour  les  ouvrieres   en   chambre. 
(Documents  du  progres.    Revue  Internationale.    Paris,  1912.    8°.- 
Annee  6,  pp.  1-11.) 


392  APPENDIX  IV  —  SELECTED  REFERENCES. 

Brooks,  Sydney.  The  minimum  wage  and  its  consequences. 
(Living  Age.  Boston,  1912.  4°.  Vol.  273  [7.  series,  Vol.  55], 
pp.  370-372.) 

Repr. :     Outlook. 

Brown,  H.  La  Rue.  Massachusetts  and  the  minimum  wage. 
(American  Academy  of  Political  and  Social  Science.  Annals. 
Baltimore,  1913.  8°.  Vol.  48,  pp.  13-21.) 

A  minimum  wage  for  workers.  (City  Club  of  Philadel- 
phia. City  Club  Bulletin.  Philadelphia,  1913.  8°.  Vol.  6,  pp. 
198-203.) 

Brussels. —  Conseil  Communal.  Minimum  de  salaire.  Enquete 
—  mai  1896.  Rapport  presente  au  Conseil  Communal  au  nom  de 
la  commission  d'enquete  par  M.  le  bourgmestre  president.  Bruxel- 
les:  Imprimerie  v.  J.  Baertsoen,  1896.  180pp.  8°. 

Buxton,  Charles  Roden.  Minimum  wages  for  agricultural  labor- 
ers. (Contemporary  Review.  London,  1912.  4°.  Vol.  102. 
pp.  193-201.) 

Cadbury,  Edward,  and  George  Shann.  Remedies ;  state  regula- 
tion of  wages.  (In  their:  Sweating.  London  [1907].  12°.  pp. 
112-134.) 

Carlyle,  A.  J.  Underpayment  and  sweating  in  a  provincial 
town.  (Economic  Review.  London,  1908.  8°.  Vol.  18,  pp. 
287-301.) 

Case,  -  The,  for  the  national  minimum ;  with  preface  by  Mrs. 
Sidney  Webb.  London:  National  Committee  for  the  Prevention 
of  Destitution,  1913.  Vol.  89.  (1)  p.  12°. 

.  Chapin,  Robert  Coit.  The  standard  of  living  among  working- 
men's  families  in  New  York  City.  New  York :  Charities  Publica- 
tion Committee,  1909.  xv,  372  pp.  8°.  (Russell  Sage  Founda- 
tion.) 

Bibliography,  pp.  353-360. 

Clark,  John  Bates.  The  minimum  wage.  (Atlantic  Monthly 
Boston,  1913.  8°.  Vol.  112,  pp.  289-297.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  393 

Clark,  Victor  S.  Labor  conditions  in  Australia.  (United 
States.  —  Labor  Bureau.  Bulletin.  Washington,  1905.  8°.  Vol. 
10,  No.  56,  pp.  9-243.) 

—  Labor  conditions  in  New  Zealand.      (United  States.  — 
Labor  Bureau.     Bulletin.     Washington,  1903.     8°.     Vol.  8,  No. 
49,  pp.  1142-1281.) 

The  labor  party  and  the  constitution  in  Australia.  (Jour- 
nal of  Political  Economy.  Chicago,  1911.  4°.  Vol.  19,  pp.  479- 
490.) 

—  Minimum  wage  boards.     (In  his:  The  labour  movement 
in  Australasia:  a  study  in  social-democracy.    London,  1907.     12°. 
pp.  138-153.) 

Present  state  of  labor  legislation  in  Australia  and  New 
Zealand.  (American  Academy  of  Political  and  Social  Science. 
Annals.  Philadelphia,  1909.  4°.  Vol.  33,  pp.  440-447.) 

Compain,  L.  M.  Le  minimum  legal  de  salaire  en  France. 
(Grande  Revue.  Paris,  1910.  8°.  Vol.  64,  pp.  143-147.) 

Compulsory  minimum  wage  law  in  Oregon.  (Survey.  New 
York,  1913.  8°.  Vol.  30,  pp.  4-5.) 

Connecticut.  —  Commission  to  Investigate  Conditions  of  Wage- 
earning  Women  and  Minors.  Report  of  the  commission  appointed 
by  the  governor,  1911,  special  act  number  276.  Report  presented 
to  the  General  Assembly  of  1913.  Hartford:  published  by  the 
state,  1913.  297  pp.  8°. 

Consumers7  League  of  Oregon.  Social  Survey  Com.  Report 
on  the  wages,  hours  and  conditions  of  work  and  cost  and  standard 
of  living  of  women  wage-earners  in  Oregon  with  special  reference 
to  Portland.  Portland,  1913.  71  pp.  8°. 


Cotterill,  C.  C.  A  living  wage  a  national  necessity.  How  best 
to  get  it.  London:  A.  C.  Fifield,  1912.  86  pp.,  1  1.  16°. 

Cristofaro,  Salvatore  de.  Lo  stato  economico  dei  funzionari  delle 
istituzioni  pubbliche  di  beneficenza.  (Rivista  della  beneficenza 
pubblica.  Bologna,  1912.  8°.  Anno  40,  pp.  553-569.) 


394  APPENDIX  IV-— SELECTED  REFERENCES. 

Cunningham,  William.  A  living  wage.  (Contemporary  Re- 
view. London,  1894.  4°.  Vol.  65,  pp.  16-28.) 

Davis,  G.  Herbert.  A  legal  minimum  wage.  ( Commonwealth ; 
a  Christian  social  magazine.  London,  1907.  8°.  Vol.  12,  pp. 
153-155.) 

Dilke,  Charles  W.  Sweating  and  minimum  wage.  (Interna- 
tional; a  review  of  the  world's  progress.  London,  1907.  4°.  Vol. 
1,  No.  1,  pp.  5-12.) 

Dyhrenfurth,  Gertrud.  Die  Entwicklung  der  englischen  Trade- 
Boards  (Gewerkamter).  (Jahrbiicher  fur  Nationalokonomie  und 
Statistik.  Jena,  1910.  8°.  Folge  3,  Bd.  40,  pp.  791-806.) 

Ensor,  R.  C.  K.  The  practical  case  for  a  legal  minimum  wage. 
(Nineteenth  century  and  after.  London,  1912.  8°.  Vol.  72,  pp. 
264-276.) 

Evans,  Elizabeth  Glendower.  A  case  for  minimum  wage  boards 
(1)  experience  vs.  prophecy;  (2)  the  system  on  trial.  (Survey. 
New  York,  1914.  4°.  Vol.  31,  pp.  440-441 ;  497-498.) 

A  legal  minimum  wage.     Part  I.     Initial  steps  in  this 

country.  Part  II.  Some  reasons  for  its  adoption.  (La  Follette's 
Weekly  Magazine.  Madison,  Wis.,  1912.  f°.  Vol.  4,  No.  8, 
p.  10;  No.  11,  pp.  10-11.) 


The  minimum  wage.      (City  Club  Bulletin.     Chicago, 

1912.    4°.    Vol.  5,  No.  3,  pp.  25-32.) 

The  minimum  wage  for  women.   The  first  effort  in  Amer- 
ica to  follow  the  lead  of  Great  Britain  in  the  most  important  in- 
dustrial reform  of  the  day.     (Twentieth  Century  Magazine.    Bos- 
ton, 1912.    8°.    Vol.  6,  No.  1,  pp.  65-69.) 

Fabian  Society.  The  case  for  a  legal  minimum  wage,  London : 
The  Fabian  Society,  1908.  19  pp.  8°.  (Fabian  Tract,  No.  128.) 

Fortey,  E.  C.  The  living  wage,  an  English  view.  (American 
Catholic  Quarterly  Review.  Philadelphia,  1912.  8°.  Vol.  37, 
pp.  728-736.) 


APPENDIX  IV  -—  SELECTED  REFERENCES.  395 

France. —  Office  dn  Travail.  Note  sur  le  minimum  de  salaire 
dans  les  travaux  publics  en  Angleterre,  en  Belgique,  en  Hollande, 
en  Suisse,  aux  Etats-Unis  et  en  France.  (Analyse  des  documents 
officiels  recueillis  sur  la  demande  du  Conseil  Superieur  du  Tra- 
vail.) Paris:  Imprimerie  Rationale,  1897.  129pp.  4°.  (Min- 
istere  du  Commerce,  de  PIndustrie,  des  Postes  et  des  Telegraphes.) 

Fyfe,  \V.  Hamilton.  The  remuneration  of  women's  work.  (Eco- 
nomic Review.  London,  1908.  8°.  Vol.  18,  pp.  135-145.) 

Ghent,  M.  J.  The  movement  for  a  minimum  wage.  (Harper's 
Weekly.  New  York,  1914.  f°.  Vol.  58,  No.  2992.  pp.  18.) 

Gisborne,  F.  A.  W.  The  federal  arbitration  court  and  the  living 
wage.  Empire  Review  and  Magazine.  London,  1912.  4°.  Vol. 
22,  pp.  33-44.) 

Industrial  legislation  in  Australia  and  its  lessons.  (Em- 
pire Review  and  Magazine.  London,  1912.  4°.  Vol.  23,  pp. 
353-364.) 

Good,  T.  The  coal  strike;  its  causes  and  consequences.  (Cas- 
sier's  Magazine.  New  York,  1912.  4°.  Vol.  41,  pp.  533-539.) 

Gough,  George  W.  The  wages  boards  of  Victoria.  (Economic 
Journal.  London,  1905.  8°.  Vol.  15,  pp.  361-373.) 

Governor  Sulzer  on  minimum  wage  boards.  What  are  mini- 
mum wage  standards?  How  a  minimum  wage  law  has  worked. 
(Outlook.  New  York,  1913.  4°.  Vol.  103,  pp.  52-54.) 

Great  Britain.  Factories  Inspector.  Factories  and  workshops. 
Report  ...  on  the  administration  of  the  factory  and  work- 
shop act,  1901,  ...  by  local  authorities  in  respect  of  work- 
shops, outwork,  etc.  London,  1909.  f°. 

Fair  Wages  Committee.  Report  with  appendices. 
London:  J.  Truscott  &  Son,  Ltd.,  1908.  iv,  52  pp.  f°.  (Great 
Britain.  Parliamentary  papers.  1908.) 

Minutes  of  evidence  taken  before  the  Fair  Wages  Com- 
mittee with  index  thereto.  London:  J.  Truscott  &  Son,  Ltd.,  1908. 
vi,  320  p.  f°.  (Great  Britain.  Parliamentary  papers.  1908.) 


396  APPENDIX  IV  —  SELECTED  REFERENCES. 

Great  Britain.  Home  Work,  Committee  on.  Report  .  .  . 
together  with  the  proceedings  of  the  Committee,  minutes  of  evi- 
dence, and  appendix.  London:  Wyman  &  Sons,  Ltd.,  1907.  x, 
217  pp.  pap.  f°.  (H.  of  C.  pap.  290.) 

Same.  Index  and  digest  of  evidence.    Sess.,  1907.    249- 

290  pp.    pap.    f°.     (H.  of  C.  pap.  290.    Ind.) 

Great  Britain. —  Statutes.  British  Trade  Boards  Act,  1909. 
(In:  United  States. — Labor  Bureau.  Bulletin.  Washington, 
1910.  8°.  Vol.  20,  No.  86,  pp.  185-191.) 

The  British  Minimum  Wages  Act  of  1909.  Trade 
Boards  Act,  1909.  (9  Edw.  7,  ch.  22 ;  20  October,  1909.)  (Quar- 
terly Journal  of  Economics.  Cambridge,  1910.  8°.  Vol.  24, 
pp.  578-588.) 

Labour  (minimum  conditions).     A  bill  to  provide  for 

minimum  rates  of  wages  and  maximum  hours  of  labour,  and  to 
regulate  the  conditions  of  labour.  London:  Eyre  and  Spottis- 
woode,  1914.  1  p.L,  11  pp.  f°.  (Commons  bill  131.) 


—  Minimum  rates  of  wages.  (In:  Great  Britain. —  Stat- 
utes. The  public  general  acts  passed  in  the  ninth  year  of  the 
reign  of  His  Majesty  King  Edward  the  Seventh.  London,  1909. 
4°.  pp.  92-96.) 

Growth  of  the  minimum  wage  idea  in  the  United  States.  (Sur- 
vey. New  York,  1914.  4°.  Vol.  31,  pp.  52.) 

Guyot,  Yves.  Le  minimum  de  salaire  des  mineurs  britanniques. 
(Journal  des  Economistes.  Paris,  1912.  4°.  Serie  6,  tome  34, 
pp.  3-26.) 

Hammond,  Matthew  B.  Judicial  interpretation  of  the  mini- 
mum wage  in  Australia.  (American  Economic  Review.  Princtr- 
ton,  N.  J.,  1913.  8°.  Vol.  3,  pp.  259-286.) 

The  minimum  wage  in  Great  Britain  and  Australia. 

(American  Academy  of  Political  and  Social  Science.     Annals. 
Baltimore,  1913.    8°.    Vol.  48,  pp.  22-36.) 

Hapgood,  Norman.  Why  we  should  have  a  minimum  wage. 
"(National  Retail  Dry  Goods  Association  Bulletin  on  the  minimum 
wage.  [New  York,]  1914.  4°.  Vol.  2,  special  No.  11,  pp.  5-7.) 


APPENDIX  IV  —  SELECTED  KEFERENCES.  397 

Heiss,  Cl.  Syndikalismus  und  Lohnminimum.  (Deutsche 
Techniker-Zeitung.  Berlin,  1914.  f°.  Jahrg.  31,  pp.  121-123.) 

Henry,  Alice.  Australia's  "  new  protection."  (Outlook.  New 
York,  1908.  8°.  Vol.  88,  pp.  314-317.) 

Hewins,  W.  A.  S.  The  regulation  of  wages  by  the  justice  of 
the  peace.  (Economic  Journal.  London,  1898.  8°.  Vol.  8,  pp. 
340-346.) 

Hoatson,  John.  Anti-sweating  and  factory  legislation  in  Vic- 
toria. (Westminster  Keview.  London,  1900.  4°.  Vol.  154,  pp. 

398-412.) 

Hobhouse,  L.  T.  The  right  to  a  living  wage.  In :  Industrial 
unrest  and  the  living  wage.  London,  [1913].  12°.  pp.  63-75.) 

Ilolcombe,  Arthur  N.  The  British  Minimum  Wage  Act  of 
1909.  (Quarterly  Journal  of  Economics.  Cambridge,  1910.  8°. 
Vol.  24,  pp.  574-577.) 

The  legal  minimum  wage  in  the  United  States.     (Amer- 
ican Economic  Review.    Princeton,  ~N.  J.,  1912.    8°.    Vol.  2,  pp. 

21-37.) 

Minimum  wage  boards.      (Survey.     New  York,  1911. 
4°.    Vol.  26,  pp.  32-33.) 

— •     What  is  the  minimum  wage?      (Survey.     New  York, 
1912.     8°.     Vol.  29,  pp.  74-76.) 

Holland,  Henry  Scott.  The  living  wage  and  the  Kingdom  of 
God.  (In:  Industrial  unrest  and  the  living  wage.  London, 
[1913].  12°.  pp.  169-182.) 

Hubbard,  Elbert.  A  minimum  wage  for  women.  Hearst's  Mag- 
azine. New  York,  1913.  4°.  Vol.  23,  No.  3,  pp.  499-502.) 

Hubbard,  Evelyn.  The  minimum  wage,  past  and  present.  (Eco- 
nomic Journal.  London,  1912.  4°.  Vol.  22,  pp.  303-309.) 

Hubert- Valleroux,  Paul.  Le  minimum  legal  de  salaire.  (Re- 
forme  Sociale.  Paris,  1895.  4°.  Serie  3,  tome  10,  pp.  302-322.) 


398  APPENDIX  IV-— SELECTED  REFERENCES. 

Hutchins,  Miss  B.  L.  Home  work  and  sweating ;  the  causes  and 
the  remedies.  London:  The  Fabian  Society,  1908.  19(1)  p.  8°. 
(Fabian  Society,  London.  Fabian  Tract.  No.  130.) 

Bibliography,  p.  19. 

The  regulation  of  wages  by  gilds  and  town  authorities. 
(Economic  Journal.    London,  1900.    Vol.  10,  pp.  404-411.) 

Industrial,  The,  unrest  and  the  living  wage;  being  a  series  of 
lectures  .  .  .  given  at  the  inter-denominational  summer 
school  held  at  Swanwick,  Derbyshire,  June  2 8th- July  5th,  1913. 
With  an  introduction  by  the  Rev.  W.  Temple.  London :  The  Col- 
legium, [1913].  182  pp.,  11.  12°.  (Converging  views  of  social 
reform.  No.  2.) 

Isaac,  Auguste.  Le  salaire  minimum  des  ouvrieres  a  domicile. 
(Reforme  sociale.  Paris  1913.  8°  [Serie  7,  tome  6],  tome 
66,  pp.  177-188,  284-296.) 

Kelley,  Florence.  Forestalling  shirtwaist  strikes.  (Survey. 
New  York,  1910.  4°.  Vol.  23,  pp.  577-578.) 

Minimum-wage  boards.     (American  Journal  of  Sociol- 
ogy.   Chicago,  1911.     8°.    Vol.  17,  pp.  303-314.) 


(National  Conference  of  Charities  and  Correc- 
tions. Proceedings.  Fort  Wayne,  Ind.,  1911.  8°.  Session  38, 
1911,  pp.  148-156.) 

—  (National  Conference  of  Charities  and  Correc- 
tion. Proceedings.  Fort  Wayne,  Ind.,  1912.  8°.  Session  39, 
pp.  395-403.) 


The  minimum  wage  law  in  Oregon  under  fire.      (Sur- 
vey.    New  York,  1914.    f°.    Vol.  31,  pp.  740-741.) 

—  Minimum  wage  laws.  (National  Conference  of  Chari- 
ties and  Correction.  Proc.  Fort  Wayne,  Ind.,  1913.  8°.  Sess. 
40,  pp.  229-234.) 

Minimum-wage  laws.      (Journal  of  Political  Economy. 

Chicago,  1912.    8°.    Vol.  20,  pp.  999-1010.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  399 

Kelley,  Florence.  The  present  status  of  minimum  wage  legis- 
lation. New  York:  1ST ational  Consumers  League,  [1913].  7  pp. 
8°.  Repr. :  National  Conference  of  Charities  and  Correction. 
1913. 

—     What  our  official  statistics  do  not  tell  us.    (Survey.   New 
York,  1910.    4°.    Vol.  24,  pp.  759-762.) 

Kellogg,  Paul  U.  Immigration  and  the  minimum  wage.  Amer- 
ican Academy  of  Political  and  Social  Science.  Annals.  Balti- 
more, 1913.  8°.  Vol.  48,  pp.  66-77.) 

The  minimum  wage  and  immigrant  labor.  (National 
Conference  of  Charities  and  Correction.  Proceedings.  Fort 
Wayne,  Ind.,  1911.  8°.  Session  38,  pp.  165-177.) 

Kennaday,  Paul.  Victorian  wages  hoards  and  the  New  Zealand 
conciliation-arbitration  act.  (Yale  Review.  New  Haven,  1910. 
8°.  Vol.  19,  pp.  32-54.) 

(New  Zealand. —  Labour  Department.     Journal. 
Wellington,  1910.    Vol.  18,  1910,  pp.  738-758.) 

Kentucky. —  Commission  to  Investigate  Conditions  of  Working 
Women  in  Kentucky.  Report  of  the  Commission  to  Investigate 
the  Conditions  of  Working  Women  in  Kentucky.  Louisville,  1911. 
55  pp.  4°. 

Klien,  Ernst.  Minimallohn  und  Arbeiterbeamtentum.  Jena: 
G.  Fischer,  1902.  4  p.L,  232  pp.  8°.  (Staatswissenschaftliches 
Seminar  zu  Jena.  Abhandlungen.  Bd.  1.  Heft  2.) 

Lagasse,  Ch.  Le  minimum  de  salaire.  Conmiimication  faite 
le  26  mars  a  la  Societe  beige  d'economie  sociale.  (Reforme  sociale. 
Paris,  1892.  Serie  3,  tome  3,  pp.  565-576.) 

Lanessan,  J.  L.  de.  La  reglementation  des  salaires.  (Revue 
Scientifique.  Paris,  1904.  4°.  Serie  5,  Vol.  1,  pp.  355-360.) 

Laughlin,  Clara  E.  Minimum  wages.  (Pearson's  Magazine. 
New  York,  1912.  4°.  Vol.  28,  No.  2,  pp.  9-17.) 

Laughlin,  James  Laurence.  Monopoly  of  labor.  (Atlantic 
Monthly.  Boston,  1913.  8°.  Vol.  112.  pp.  444-453.) 


400  APPENDIX  IV  —  SELECTED  REFERENCES. 

Lee,  Joseph.  What  the  minimum  wage  means  to  workers;  a 
criticism.  (Survey.  New  York,  1913.  f°.  Vol.  31,  No.  6. 
pp.  156-157.) 

Lees  Smith,  H.  B.  Economic  theory  and  proposals  for  a  legal 
minimum  wage.  (Economic  Journal.  London,  1907.  4°.  Vol. 
17,  pp.  504-512.) 

Lefebure,  Ernest.  Le  minimum  de  salaire  pour  les  femmes. 
(Correspondant,  Paris,  1909.  4°.  Tome  234,  pp.  1172-1190.) 

Le  Foyer,  Lucien.  Le  minimum  de  salaire  en  Belgique.  (Re- 
forme  Sociale.  Paris,  1897.  4°.  Serie  4,  tome  3,  pp.  481-491, 
539-565.) 

Legislative  regulation  of  wages  and  terms  of  contract.  (Aus- 
tralia. Census  and  Statistics  Bureau.  Official  year  book.  Mel- 
borne,  1912.  8°.  No.  5.  pp.  1056-1068.) 

Lennard,  Reginald.  Agricultural  labourers  and  a  minimum 
wage.  (Economic  Review.  London,  1912.  8°.  Vol.  22,  pp. 
367-379.) 

Leroy,  Jean.  La  question  du  minimum  de  salaire  dans  1'indus- 
trie  a  domicile  en  Allemagne.  (Revue  d? economic  politique.  Paris, 
1909.  4°.  Annee  23,  pp.  806-814.) 

Levy,  J.  A.  Minimum-loonbeweging.  (De  economist.  's-Grav- 
enhage,  1914.  8°.  Jaarg.  63,  pp.  10-20,  75-92.) 

Lewis,  William  Draper.  The  proposed  Pennsylvania  minimum 
wage  act.  (American  Academy  of  Political  and  Social  Science. 
Annals.  Baltimore,  1913.,  8°.  Vol.  48,  pp.  37-40.) 

Lindsay,  Samuel  McCune.  The  minimum  wage  as  a  legislative 
proposal  in  the  United  States.  (American  Academy  of  Political 
and  Social  Science.  Annals.  Baltimore,  1913.  8°.  Vol.  48, 
pp.  45-53.) 

Living,  A,  wage.  [The  right  of  an  individual.  The  amount 
of  the  living  wage.  "  Fair  wages  "  in  Canada.  Minimum  wage 
boards  in  Australasia.]  (Massachusetts.  Labor.  Bulletin.  Bos- 
ton, 1906.  8°.  Vol.  10,  pp.  425-446.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  401 

Lloyd,  Henry  Demarest.  A  living  wage  by  law.  (Independent. 
New  York,  1900.  8°.  Vol.  52,  part  2,  pp.  2330-2332.) 

Longe,  F.  D.  The  coal  strike  and  a  minimum  wage.  (Economic 
Journal.  London,  189 4-.  4°.  Vol.  4,  pp.  25-34.) 

Low,  Sidney,  Anti-strike  legislation  in  Australasia.  (Fort- 
nightly Review.  London,  1912.  8°.  New  series,  Vol.  91,  pp. 
585-598.) 

Lyttelton,  E.  Wages  boards.  (Contemporary  Review.  Lon- 
don, 1909.  4°.  Vol.  95,  pp.  22T-239.) 

Me  Arthur,  Ellen  A.  The  regulation  of  wages  in  the  sixteenth 
century.  (English  Historical  Review.  London,  1900.  8°.  Vol. 
15,  pp.  445-455.) 

McCabe,  David  Aloysius.  The  standard  rate  in  American  trade 
unions.  Baltimore,  1912.  vii,  9-252  pp.  8°. 

MacDonald,  James  Ramsay.  Arbitration  courts  and  wages 
boards  in  Australasia.  Contemporary  Review.  London,  1908. 
4°.  Vol.  93,  pp.  308-325.) 

Sweating    and    wages    boards.      (Nineteenth    Century. 
London,  1908.    4°.    Vol.  64,  pp.  748-762.) 

MacDonald,  Margaret  E.  Sweated  industries  and  wages  boards. 
(Economic  Journal.  London,  1908.  4°.  Vol.  18,  pp.  140-145.) 

Mackay,  Thomas.  Sweated  industries  and  the  minimum  wage. 
An  address  to  the  British  Constitution  Association.  London:  P. 
S.  King  &  Sons,  1909.  23  (1)  p.  12°. 

McKelway,  A.  J.  Child  labor  and  the  minimum  wage.  (Na- 
tional Conference  of  Charities  and  Correction.  Proc.  Fort 
Wayne,  Ind.,  1913.  8°.  Sess.  40,  pp.  246-248.) 

Macrosty,  Henry  W.  The  recent  history  of  the  living  wage 
movement.  (Political  Science  Quarterly.  New  York,  1898.  8°. 
Vol.  13,  pp.  413-441.) 


402  APPENDIX  IV --SELECTED  REFERENCES. 

Macrosty,  Henry  W.  State  arbitration  and  the  minimum  wage 
in  Australasia.  (Political  Science  Quarterly.  Boston,  1903. 
8°.  Vol.  18,  pp.  112-140.) 

Wage  boards  in  Victoria.     (New  Liberal  Rev.    London, 

1903.  Vol.  5,  pp.  90-100.) 

McSweeney,  Edward  F.  The  case  against  the  minimum  wage 
by  Edw.  F.  McSweeney,  before  the  fifth  meeting  of  the  executive 
council  of  1911-1912,  Massachusetts  State  Board  of  Trade.  Feb- 
ruary 14,  1912.  [Boston]  1912.  23  p.  8°. 

Mahaim,  Ernest.  Die  Regelung  der  Heimarbeit  [in  Belgium]. 
(Annalen  fiir  soziale  Politik  und  Gesetzgebung.  Berlin,  1913. 
8°.  Bd.  2,  pp.  119-131.) 

Main  provisions  of  minimum  wage  laws  in  the  United  States. 
Table.  (American  labor  legislation  review.  New  York,  1913. 
8°.  Vol.  3,  No.  3.  pp.  434-437.) 

Mallon,  J.  J. '  Sweating  and  the  Trade  Boards  Act.  Illus. 
(Progress.  London,  1912.  8°.  Vol.  7,  pp.  157-169.) 

Extending  the  Trade  Boards  act.     London:    National 

Anti-Sweating  League,  [191-].     10  pp.     8°. 

The  legal  minimum  wage  at  work.      (New  Statesman. 

London,  1914.    f°.    Vol.  2,  No.  46,  Suppl.  p.  x-xii.) 

Minimum   wage   in   practice.      (In:    Industrial   unrest 
and  the  living  wage.     London,   [1913].     12°.     pp.  143-155.) 

—  The  work  of  the  trade  boards.  (National  Conference 
on  the  Prevention  of  Destitution.  Papers  and  proceedings.  Lon- 
don, 1912.  8°.  Conference  2,  1912,  pp.  402-408.) 

Markham,  Arthur  B.  The  coal  strike.  (Quarterly  Review. 
London,  1912.  8°.  Vol.  216,  p.  554-573.) 

Marks,  Marcus  M.  The  hig'h-minimum  wage;  the  evils  of  arti- 
ficial classifications  of  labor.  (Cassier's  Magazine.  New  York, 

1904.  4°.     Vol.  25,  pp.  227-230.) 

Relations  between  the  employer  and  the  employed.    (Na- 
tional Retail  Dry  Goods  Association.     Bulletin  on  the  minimum 


APPENDIX  IV  —  SELECTED  REFEKENCES.  403 

wage.      [New  York],  1914.     4°.     Vol.  2,  special  No.  11.     pp. 
3-4.) 

Mason,  Fred.  B.  The  principle  of  a  justum  pretium  for  labour. 
(Economic  Review.  London,  1904.  8°.  Vol.  14,  pp.  188-201.) 

Massachusetts.  Minimum  Wage  Commission.  Report  of  the 
Commission  on  Minimum  Wage  Boards.  January,  1912.  Bos- 
ton: Wright  &  Potter  Prtg.  Co.,  1912.  326  pp.  8°.  (Massa- 
chusetts. General  Court,  1912.  House  doc.  1697.) 

Massachusetts  and  the  minimum  wage.  (Survey.  New  York, 
1912.  4°.  Vol.  27,  pp.  1663-1665.) 

Meny,  G.  Les  experiences  anglaises  du  minimum  de  salaire. 
(Revue  generate.  Bruxelles,  1913.  8°.  Vol.  97,  pp.  329-338.) 

Le  travail  a  domicile;  ses  miseres,  les  remedes.     Paris: 


M.     Riviere    et    Cie.,     1910.       2    p.l.     (1)4-463(1)     p.       4°. 
(Systemes  et  faits  sociaux.) 

Bibliography,  pp.  423-440. 

Mercier,  Georges.  Le  minimum  de  salaires.  Lyon:  A.  Fey, 
1912.  3  p.l.,  154  pp.  4°. 

Bibliography,  pp.  148-151. 

Metin,  Albert.  Le  minimum  de  salaire  a  Melbourne.  (In 
his:  Le  socialisms  sans  doctrines.  Paris,  1901.  8°.  pp.  134- 
146.) 

Le  minimum  de  salaire  par  les  conseils  speciaux.  (In 
his:  Le  socialisme  sans  doctrines.  Paris,  1910.  8°.  pp.  168— 
183.) 


Le  salaire  minimum  par  Tarbitrage  obligatoire.      (In 
his:  Le  socialisme  sans  doctrines.     Paris,  1910.     8°.     pp.  184- 

218.) 

Meyer,  Adele  Levis,  lady,  and  C.  Black.  Makers  of  our  clothes ; 
a  case  for  trade  boards ;  being  the  results  of  a  year's  investigation 
into  the  work  of  women  in  London  in  the  tailoring,  dressmaking, 
and  underclothing  trades,  by  Mrs.  Carl  Meyer  and  C.  Black. 
London:  Duckworth  &  Co.,  1909.  xv,  304  pp.  8°. 


404  APPENDIX  IV  —  SELECTED  REFERENCES. 

Michigan.  State  Library.  Legislative  Reference  Department. 
Laws  of  the  various  states  relating  to  a  minimum  wage  for  women 
and  minors.  Lansing:  Wynkoop-Hallenbeck-Crawford  Co.,  1913. 
37  pp.,  1  table.  8°.  (Bulletin,  No.  5.) 

Millis,  H.  A.  Some  aspects  of  the  minimum  wage.  (Jour,  of 
Political  Economy.  Chicago,  1914.  8°.  Vol.22,  pp.  132-159.) 

Milwaukee  (Wis.).  Economy  and  Efficiency  Bureau.  Proposed 
minimum  wage  law  for  Wisconsin.  Wage  boards  in  Australia  and 
England.  The  proposed  law.  Women's  wages  in  Milwaukee. 
Constitutionality  of  the  proposed  law.  [Milwaukee:  C.  II.  Kron- 
enberger  &  Co.,  1911.]  18pp.  pap.  8°.  (Bull.  4.) 

Minimum,  The,  coal-wage  bill.  (Economist.  London,  1912. 
f°.  Vol.  74,  pp.  619-620.) 

Minimum,  The,  wage.  (Independent.  New  York,  1902.  4°. 
Vol.  54,  part  3,  pp.  2373-2375.) 

Minimum,  The,  Wage  Act;  a  substantial  review  of  the  text  of 
the  British  coal  mine  act.  (Engineering  Magazine.  New  York, 
1912.  4°.  Vol.  43,  pp.  451-453.) 

Repd.:     The  Colliery  Guardian. 

Minimum,  The,  wage  bill.  (Engineering:  an  illustrated 
weekly  journal.  London,  1912.  f°.  Vol.  93,  pp.  387-388.) 

Minimum  wage  discussed  by  retail  associations.  (Survey. 
New  York,  1913.  4°.  Vol.  30,  No.  8,  pp.  260-261.) 

Minimum  wage  by  law.  (Independent.  New  York,  1911. 
4°.  Vol.  70,  pp.  806-807.) 

Minimum  wage  law  for  Massachusetts.     (Survey.     New  York, 

1912.  4°.    Vol.  28,  pp.  454-455.) 

Minimum  wage  law  upheld  in  Oregon.     (Survey.     New  York, 

1913.  4°.     Vol.  31,  pp.  191.) 

Minimum,  The,  wage  problem.  (Independent.  New  York,  1912. 
4°.  Vol.  72,  pp.  584-585.) 

Minimum  wages  and  the  Massachusetts  press.  (Survey.  New 
York,  1912.  4°.  Vol.  28,  pp.  313-314.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  405 

"  Minimum,  The,  wage"  from  a  new  angle.  (Literary  Digest. 
New  York,  1913.  f°.  Vol.  46,  No.  14,  pp.  774-775.)  " 

Minimum,  The,  wage  in  Yorkshire.  (Electrical  Review.  Lon- 
don, 1914.  4°.  Vol.  74,  pp.  601-602.) 

Minimum,  Le,  de  salaire  dans  1' Industrie  a  domicile.  Rap- 
porteurs: B.  Raynaud,  le  Comte  de  Mun,  1'Abbe  Meny.  Compte 
rendu  des  discussions.  Voeux  adoptes.  Paris:  F.  Alcan,  1912, 
319  pp.,  1  table.  12°.  (Association  nationale  franchise  pour  la 
protection  legale  des  travailleurs.) 

Mitchell,  John.  The  wage  earners  and  the  minimum  wage  for 
women  and  children.  (In  his:  The  wage  earner  and  his  prob- 
lems. Washington,  1913.  8°.  pp.  90-104.) 

Moore,  Harrison.  The  living  wage  in  the  Australian  arbitra- 
tion court.  (Society  of  Comparative  Legislation.  Journal.  Lon- 
don, 1912.  8°.  New  series,  Vol.  12,  pp.  202-208.) 

Moore,  S.  C.  The  Trades  Board  act  at  work.  (Economic  Jour- 
nal. London,  1913.  8°.  Vol.  23,  No.  91.  pp.  442-447.) 

National  Anti-Sweating  League.  Report  of  conference  on  a 
minimum  wage,  held  at  the  Guild  hall,  London,  Oct.  24th,  25th, 
and  26th,  1906.  London:  Co-operative  Printing  Soc.,  Ltd.,  1907. 
97  pp.  8°. 

New  South  Wales.  Statutes.  Minimum  Wage  Act,  1908. 
(United  States.  Labor  Bureau.  Bulletin.  Washington,  1909. 
8°.  Vol.  18,  No.  80,  pp.  86-87.) 

O'llara,  Edwin  V.  The  minimum  wage.  Legislative  aspects. 
(Catholic  University  Bull.  Washington,  1914.  8°.  Vol.  20, 
pp.  200-210.) 

An  open  letter  on  the  extent  of  the  powers  of  the  Indus- 
trial Welfare  Commission  and  the  tendency  of  its  rulings,  n.  p., 
1913.  2  1.  12°. 

Repr.  Morning  Oregonian,  Nov.  16,  1913. 

Welfare  legislation  for  women  and  minors.  Portland, 
[1913].  6  1.  8°.  Bound  with  Consumers'  League  of  Oregon. 
Social  Survey  Committee.  Report.  Portland,  1913.  8°. 


406  APPENDIX  IV  —  SELECTED  REFERENCES. 

Oregon.  Courts.  Circuit  Court.  Frank  C.  Stettler,  plaintiff 
vs.  Edwin  O'Hara,  Bertha  Moores  and  Amedee  M.  Smith,  con- 
stituting the  Industrial  Welfare  Commission  of  the  State  of  Ore- 
gon, defendants.  Opinion  of  Hon.  T.  J.  Cleeton  .  .  .  sus- 
taining the  demurrer  of  the  defendants  to  the  complaint.  Port- 
land: Glass  and  Proudhomme  Co.,  [1913?].  11  pp.  8°. 

Oregon.  Industrial  Welfare  Commission.  Order  No.  1-5. 
(1913.) 

O'Toole,  John  L.  A  minimum  wage  for  workers.  (City  Club 
of  Philadelphia.  City  Club  bulletin.  Philadelphia,  1913.  8°. 
Vol.  6,  pp.  205-209.) 

Papworth,  L.  Wyatt,  and  D.  M.  Zimmern.  Clothing  and  textile 
trades:  summary  tables.  With  a  preface  by  Sir  A.  Baines,  and 
an  introduction  by  B.  L.  Hutchins.  London :  Women's  Industrial 
Council,  1912.  12  pp.  10  1.  8°. 

Parry,  G.  A.  Two  labour  remedies.  (Westminister  Review. 
London,  1909.  8°.  Vol.  172,  pp.  623-631.) 

Pease,  Edw.  R.  State  regulation  of  wages.  (International ;  a 
review  of  the  world's  progress.  London,  1909.  4°.  Vol.  5, 
pp.  95-100.) 

Pegard,  Pierre.  Salaires  de  famine.  (Revue  d'economie 
politique.  Paris,  1911.  8°.  Tome  25,  pp.  477-492.) 

Perils  of  the  minimum  wage.  (Century.  New  York,  1912. 
4°.  Vol.  84,  pp.  311-313.) 

Phelan,  Raymond  V.  Minnesota  minimum  wage  law.  1913. 
(Amer.  Economic  Review.  Princeton,  1913.  8°.  Vol.  3,  pp. 
989-990.) 

Phelps,  L.  R.  The  plea  for  a  living  wage.  (Economic  Review. 
London,  1894.  8°.  Vol.  4,  pp.  519-525.) 

Pic,  P.  Le  minimum  legal  de  salaire  dans  1'industrie  privee ; 
experiences  australiennes  et  anglaises.  Pro  jets  franc,  ais.  (Revue 
politique  et  parlementaire.  Paris,  1912.  8°.  Tome  73,  pp. 
409-429.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  407 

Picht,  Werner.  Das  gesetzliche  Lohnminimum  in  England. 
(Zeitschrift  fiir  Volkswirtschaft,  Sozialpolitik  und  Verwaltung. 
Wien,  1913.  8°.  Bd.  22,  pp.  703-746.) 

Pigou,  A.  C.  The  principle  of  the  minimum  wage.  (Nine- 
teenth century  and  after.  London,  1913.  8°.  Vol.  73,  pp.  644- 
658.) 

A  minimum  wage  for  agriculture.     (Nineteenth  century 
and  after.    London,  1913.     8°.     Vol.  74,  pp.  1167-1184.) 

Pirou,  Gaetan.  Intervention  legale  et  contrat  collectif  du  tra- 
vail. (Revue  d'economie  politique.  Paris,  1913.  8°.  Tome  27, 
pp.  733-763.) 

Powers  to  fix  minimum  wage.  (Survey.  New  York,  1911. 
4°.  Vol.  25,  pp.  864-865.) 

Progressive  Party.  State  of  New  York.  Statement  as  to  the 
official  proposal  of  the  National  Progressive  Party  in  the  State  of 
New  York  for  a  minimum  wage  act  (also  containing  the  text  of 
the  party's  official  bill.)  New  York,  1913.  14pp.  8°. 

Pumpiansky,  L.  Das  Mindestlohngesetz  im  englischen  Kohlen- 
bergbau.  (Archiv  fiir  Sozialwissenschaft  und  Sozialpolitik. 
Tubingen,  1912.  8°.  Bd.  35,  pp.  177-194.) 

Question,  The,  of  a  maximum  wage.  (Outlook.  New  York, 
1913.  8°.  Vol.  73,  pp.  721-723.) 

Rankin,  Mary  Theresa.  Legislation  and  the  living  wage  abroad^ 
(In:  Industrial  unrest  and  the  living  wage.  London,  [1913]. 
12°.  pp.  129-152.) 

Raynaud,  Barthelemy.  Vers-  le  salaire  minimum ;  etude  d'eco- 
nomie  et  de  legislation  industrielles.  Paris:  L.  Larose  and  L. 
Tenin,  1913.  2  p.L,  xi,  518  pp.  8°.  (Bibliotheque  d'economie 
politique  &  de  sociologie.  vi.) 

Reely,  Mary  Katharine.  Selected  articles  on  minimum  wage, 
compiled  by  M.  K.  Reely.  Minneapolis:  H.  W.  Wilson  Co.,  1913. 
48  pp.  12°.  (Abridged  debater's  handbook  series.) 

Bibliography,  p.  7-11. 


408  APPENDIX  IV  —  SELECTED  REFERENCES. 

Reeves,  William  Pember.  The  minimum  wage  law  in  Victoria 
and  South  Australia.  (In  his:  State  experiments  in  Australia  and 
New  Zealand.  London,  1902.  8°.  Vol.  2,  pp.  47-69.) 

-  (Economic  Journal.     London,   1901.      8°.     Vol. 

11,  pp.  334-344.) 

Renauld,  J.  F.  Le  minimum  legal  de  salaire  en  Angleterre. 
(Grande  Revue.  Paris,  1910.  4°.  Vol.  64,  pp.  148-153.) 

Richardson,  Thomas,  and  J.  A.  Walbank.  Profits  and  wages 
in  the  British  coal  trade  (1898  to  1910).  Newcastle-upon-Tyne : 
the  N.  A.  C.  C.  [1911].  96  pp.  12°. 

Robert,  Jeanne.  Woman  and  the  wage  question.  (American 
Review  of  Reviews.  New  York,  1912.  4°.  Vol.  45,  pp.  439- 
442.) 

Roosevelt,  Theodore.  The  minimum  wage.  (Outlook.  New 
York,  1912.  4°.  Vol.  102,  pp.  159-160.) 

Russell,  Thomas  Herbert.  The  girl's  fight  for  a  living;  how  to 
protect  working  women  from  dangers  due  to  low  wages.  An  im- 
partial survey  of  present  conditions,  results  of  recent  investiga- 
tions, and  remedies  proposed.  With  statements  by  B.  O'Hara, 
E.  Beall,  employers  and  governors  of  many  states.  Chicago:  M. 
A.  Donohue  &  Co.,  [1913].  200  pp.,  7  pi.,  1  port.  12°. 

Ryan,  John  Augustine.  British  miners  and  the  minimum 
wage.  (Survey.  New  York,  1912.  4°.  Vol.  28,  pp.  10-11.) 

—  The  employer's  obligation  to  pay  a  living  wage.  (Catho- 
lic World.  New  York,  1903.  8°.  Vol.  77,  pp.  44-59.) 

The  laborer's  right  to  a  living  wage.      (Catholic  Uni- 
versity Bulletin.     Lancaster,  Pa.,  1902.     8°.     Vol.  8,  pp.  156- 
174.) 

—  A  living  wage ;  its  ethical  and  economic  aspects.  With 
an  introduction  by  R.  T.  Ely.  New  York:  The  Macmillan  Co., 
1906.  xvi,  346  pp.  12°. 

A  living  wage:  presumptions  and  authorities.      (Catho- 
lic University  Bulletin.    Washington,  D.  C.,  1906.     8°.     Vol.  11, 
pp.  126-151.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  409 

Ryan,  John  Augustine.  Minimum  wage  legislation.  (Catho- 
lic World.  New  York,  1913.  8°.  Vol.  96,  pp.  577-586.) 

Minimum  wage  legislation.  (In:  Minnesota  Academy 
of  Social  Sciences.  Papers  and  proceedings  of  annual  meeting, 
[No.]  6.  [Minneapolis],  1913.  8°.  pp.  110-137.) 

A  minimum  wage  and  minimum  wage  boards;  with 
especial  reference  to  immigrant  labor  and  woman  labor.  (National 
Conference  of  Charities  and  Correction.  Proceedings.  Fort 
Wayne,  Ind.,  1910.  8°.  Vol.  37,  pp.  457-475.) 

—  Minimum  wages  and  minimum  wages  boards.     (Survey. 
New  York,  1910.    4°.    Vol.  24,  pp.  810-822.) 

What  wage  is  a  living  wage?  (Catholic  World.  New 
York,  1902.  8°.  Vol.  75,  pp.  2-16.) 

Ryan,  John  Augustine,  and  others.  Minimum  wage  and  immi- 
gration restriction.  (Survey.  New  York,  1911.  4°.  Vol.  25, 
pp.  789-792.) 

Sachse,  J.  Gesetzlicher  Minimallohn  und  Streikrecht,  (Neue 
Zeit;  Wochenschrift  der  deutschen  Sozialdemokratie.  Stuttgart, 
1913.  Jahrg.  31,  Bd.  2.  8°.  pp.  317-322.) 

Schwiedland,  E.  Obligatorische  Mindestlohne  in  Victoria. 
(Jahrbiicher  fiir  Nationaloekonomie  und  Statistik.  Jena,  1898. 
8°.  Serie  3,  Vol.  16,  pp.  483-494.) 

Seager,  Henry  Rogers.  The  minimum  wage  as  part  of  a  pro- 
gram for  social  reform.  (American.  Academy  of  Political  and 
Social  Science.  Annals.  Baltimore,  1913.  8°.  Vol.  48,  pp. 
3-12.) 

—  The  theory  of  the  minimum  wage.     (American  Labor 
Legislation  Review.    New  York,  1913.     8°.    Vol.  3,  pp.  81-91.) 


Shann,  George.  The  effect  of  the  non-living  wage  upon  the  in- 
dividual, the  family,  and  the  state.  (In:  Industrial  unrest  and 
the  living  wage.  London,  [1913].  12°.  pp.  87-105.) 


410  APPENDIX  IV  —  SELECTED  REFERENCES. 

Sies,  Raymond  W.  Comparative  study  of  minimum  salary 
legislation.  (Educational  Review.  Rahway,  N.  J.,  1908.  8°. 
Vol.  35,  pp.  285-299.) 

Legal    regulation    of    minimum    salaries    for    teachers. 

(Educational  Review.     Rahway,  N.  J.,  1908.     8°.     Vol.  35,  pp. 
10-21.) 


Slater,  Gilbert.  Trade  unionism  and  the  living  wage.  (In: 
Industrial  unrest  and  the  living  wage.  London,  [1913].  12°. 
pp.  106-116.) 

Smith,  Constance.  The  case  for  wages  boards.  London:  The 
National  Anti-Sweating  League  [1913].  2  p.L,  (i)  iv-viii,  94 
pp.  12°. 

—     Das  Lohnamtergesetz.     (Anallen  fur  soziale  Politik  und 
Gesetzgebung.    Berlin,  1912.     8°.    Bd.  2,  pp.  369-381.) 

— The  minimum  wage.      (In:  Woman  in  industry  from 

seven  points  of  view.     London,  1908.     12°.     pp.  25-59.) 

Wage  movements  in  other  countries.      (In:  Industrial 

unrest  and  the  living  wage.     London,   [1913].     12°.     pp.  156- 
168.) 

Smith,  E.  J.  A  living  profit  and  a  living  wage.  (Forum. 
New  York,  1900.  8°.  Vol.  28,  pp.  548-553.) 

Snowden,  Philip.  The  living  wage.  With  a  preface  by  H. 
Spender.  London:  Hodder  and  Stoughton  [1913].  2  p.L, 
(i)viii-xvi,  189  pp.  12°. 

Soule.  Examen  du  rapport  depose  par  M.  Honore  a  la  session 
du  conseil  superieur  du  Travail  sur  le  salaire  minimum  des 
femmes,  travaillant  a  domicile.  (Bulletin  de  Chambre  de  com- 
merce de  Paris.  Paris,  1911.  4°.  annee  18,  pp.  699-706.) 

State  arbitration  and  the  living  wage.  With  an  account  of  the 
New  Zealand  law  and  its  results.  June,  1898.  London:  Fabian 
Society,  1898.  15  pp.  8°.  (Fabian  Society.  Tracts.  No.  33.) 


APPENDIX  IV  —  SELECTED  REFERENCES.  411 

Stimson,  Frederic  Jesup.  Popular  law  making ;  a  study  of  the 
origin,  history,  and  present  tendencies  of  law-making  by  statute. 
New  York:  C.  Scribner's  Sons,  1910.  xii  p.,  1  1.,  390  pp.  8°. 

See  index  under  wages. 

Streightoff,  Frank  Hatch.  The  living  wage.  (In  his:  The 
standard  of  living  among  the  industrial  people  of  America.  Bos- 
ton, 1911.  8°.  pp.  154-162.) 

Success,  The,  of  a  minimum  wage.  (American  Review  of 
Reviews.  New  York,  1913.  4°.  Vol.  47,  No.  2,  pp.  216-217.) 

Sweated  industries  and  the  minimum  wage.  (Quarterly 
Review.  London,  1909.  8°.  Vol.  210,  pp.  67-85.) 

Sweated  labour.  (In:  Carl  ton  Huntley  Hayes,  British  social 
politics;  materials  illustrating  contemporary  state  action  for  the 
solution  of  social  problems.  Boston  [cop.  1913].  12°.  pp. 
217-262.) 

Tarde,  Alfred  de.  Le  juste  salaire.  (In  his:  L'idee  de  juste 
prix.  Paris,  1907.  4°.  pp.  263-305.) 

Tawney,  R.  H.  The  assessment  of  wages  in  England  by  the 
justices  of  the  peace.  (Vierteljahrschrift  fur  Sozial-  und  Wirt- 
schaftsgeschichte.  Berlin,  1913.  8°.  Bd.  11.  pp.  307-337, 
533-564.) 

Thomas,  Harold.  A  living  wage.  (Westminster  Review. 
London,  1896.  8°.  Vol.  145,  pp.  297-300.) 

Three  states  consider  minimum  wage  boards.  (Survey.  New 
York,  1911.  4°.  Vol.  25,  pp.  815-816.) 

Tuckwell,  Gertrude.  A  minimum  wage.  (Independent  Re- 
view. London,  1906.  8°.  Vol.  11,  pp.  297-304.) 

Sweated  industries  and  a  minimum  wage.     (St.  George. 

London,  1907.     8°.    Vol.  10,  pp.  28-38.) 

Union  of  South  Africa.  Economic  Commission.  The  question 
of  legal  minimum  wages  and  allied  questions.  (In:  Same.  Re- 
port, January,  1914.  Pretoria,  1914.  f°.  pp.  41-46.) 

Urwick,  E.  J.  The  standard  of  life.  (In:  Industrial  unrest 
and  the  living  wage.  London,  [1913].  12°.  pp.  39-55.) 


412  APPENDIX  IV  —  SELECTED  REFERENCES. 

Verhaegen,  Pierre.  Le  minimum  legal  de  salaire.  (In  his: 
Travail  a  domicile  et  sweating-system.  Bruxelles,  1912.  12°. 
pp.  93-130.) 

Vice,  The,  investigation  by  the  Illinois  senate.  Nation  wide 
attention  to  vice  and  low  wages.  (Survey.  New  York,  1913.  4°. 
Vol.  29,  No.  26,  pp.  897-898.) 

W.  Gesetzliche  Lohnregulierung  und  Zwang  zur  Einfiihrung 
von  Tarifvertragen  fur  die  Grossindustrie  ?  (Stahl  u.  Eisen. 
Diisseldorf,  1910.  4°.  Jahrg.  30,  pp.  1341-1344.) 

Wallace,  Alfred  Russel.  The  revolt  of  democracy.  With  the 
life  story  of  the  author.  By  J.  Marchant  London:  Cassell  & 
Co.,  Ltd.,  1913.  xlv,  82  pp..  1.  1.,  1  pi.,  1  port.  8°. 

Walpole,  Robert  S.     The  true  basis  of  the  living  wage,  and 
other  articles  on  Australian  industrial  legislation.      [Melbourne: 
Renwick,  Pride,  Nuttall,  1912.]     31  (1)  pp.     8°. 
Repr.:     Public  Opinion. 

Warbasse,  Bertha  Bradley.  A  reply  to  the  critics  of  minimum 
wage  legislation.  (Survey.  New  York,  1914.  4°.  Vol.  32,  pp. 

57-58.) 

Webb,  Beatrice  Potter.  Socialism  and  national  minimum,  by 
Mrs.  Sidney  Webb,  Miss  B.  L.  Hutchins,  and  the  Fabian  Society. 
London:  A.  C.  Fifield,  1909.  91  pp.  12°.  (Fabian  Soc.  Fabian 
Socialist  series,  No.  6.) 

Webb,  Sidney.  The  economic  theory  of  a  legal  minimum  wage. 
(Journal  of  Political  Economy.  Chicago,  1912.  8°.  VoL  20, 
pp.  973-998.) 

Webb,  Sidney,  and  Beatrice  Webb.  How  to  do  away  with  the 
sweating  system.  (In  their:  Problems  of  modern  industry. 
London,  1898.  8°.  pp,  139-155.) 

—     The     national     minimum.        (In     their:       Industrial 
democracy.    London,  1897.     8°.     pp.  766-795.) 

Whittaker,  Thomas  P.  A  minimum  wage  for  home  workers. 
(Nineteenth  Century.  London,  1908.  4°.  Vol.  64,  pp.  507- 
524.) 


APPENDIX  IV  -  —  SELECTED  REFERENCES.  413 

Wicksteed,  Rev.  Philip  H.  The  distinction  between  earnings 
and  income,  and  between  a  minimum  wage  and  a  decent  mainte- 
nance: a  challenge.  (In:  Industrial  unrest  and  the  living  wage. 
London,  [1913].  12°.  pp.  76-86.) 

Wisconsin  Consumers7  League.  Proposed  minimum  wage  law 
for  Wisconsin.  Bill,  317  S.,  introduced  by  Senator  Kleczka,  and 
799  A.,  introduced  by  Assemblyman  Stern.  Prepared  for  the 
.  .  .  league  under  the  direction  of  J.  R.  Commons.  [Mil- 
waukee?] 1911.  18  pp.  8°. 

Wise,  B.  R.  The  industrial  arbitration  act  of  New  South 
Wales.  (National  Review.  London,  1902.  8°.  Vol.  39,  pp. 

880-896.) 

Wise,  E.  F.  Wage  boards  in  England.  (American  Economic 
Review.  Princeton,  1912.  4°.  Vol.  2,  pp.  1-20. 

Wood,  Arthur  E.  The  problem  of  the  worker  who  is  unable  to 
earn  the  legal  minimum  wage.  (National  Conference  of  Chari- 
ties and  Correction.  Proc.  Fort  Wayne,  Ind.,  1913.  8°.  Sess. 
40,  pp.  234-246.) 

Wright,  Thomas.  Sweated  labour  and  the  Trade  Boards  Act, 
edited  by  the  Rev.  Thomas  Wright.  London :  P.  S.  King  &  Son, 
1911.  xi,  69  pp.  8°.  (Catholic  Social  Guild.  Catholic  studies 
in  social  reform.  [No.]  2.) 

Zetterbaum,  Max.     Zur  Frage  des  Minimallohns.     (Neue  Zeit. 
Stuttgart,  1902.     8°.    Jahrg.  20,  Bd.  1,  pp.  675-684,  718-722.) 
—     Nochmals  die  Frage  des  Minimallohns.      (Neue  Zeit. 
Stuttgart,  1902.    8°.    Jahrg.  20,  Bd.  2,  p.  832.) 

Zimmern,  Dorothy  M.  The  trade  boards :  their  determinations 
and  proposals.  Table.  (Women's  Industrial  News.  London, 
1913.  8°.  n.  s.,  No.  56.  pp.  12-14.) 

Zwiediiieck-Suedenhorst,  Otto  von.  Lohnpolitik  und  Lohn- 
theorie,  mit  besonderer  Beriicksichtigung  des  Minimallohnes. 
Leipzig:  Duncker  &  Humblot,  1900.  xiv,  410  pp.  8°. 

Das  Problem  des  Minimallohnes  im  Lichte  der  christ- 
lichsocialen  Literatur  katolischer  Richtung.  (Zeitschrift  fiir 
Volkswirtschaft,  Socialpolitik  und  Verwaltung.  Wien,  1900.  4°. 
Bd.  9,  pp.  182-198.) 


APPENDIX  V 


PROPOSED  RECTIFICATION  OF  THE 
LABOR  LAW. 


Prepared  with  the  assistance  of  the  Legislative  Bill  Drafting 
Bureau  of  Columbia  University. 


[415] 


PEOPOSED  EECODIFICATIOJST  OF  THE  LABOR  LAW. 


AN  ACT 

To  AMEND  THE  LABOR  LAW,  GENERALLY,  AND  TO  AMEND  THE 

EDUCATION  LAW,  THE  GENERAL  CORPORATIION  LAW  AND 
THE  PARTNERSHIP  LAW,  BY  TRANSFERRING  THERETO  CERTAIN 

SECTIONS  OF  THE  LABOR  LAW,  AND  TO  AMEND  THE  PENAL 
LAW,  IN  RELATION  TO  PENALTIES  FOR  VIOLATIONS  OF  THE 
PROVISIONS  OF  THE  LABOR  LAW,  AND  TO  ENACT  A  NEW  CHAP- 
TER OF  THE  CONSOLIDATED  LAWS  BY  TRANSFERRING  THERETO 

THE   PRESENT   PROVISIONS   OF    THE    LABOR   LAW   RELATING    TO 

EMPLOYERS'  LIABILITY. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  thirty-six  of  the  laws  of  nineteen  hundred 
and  nine,  entitled  "An  act  relating  to  labor,  constituting  chapter 
thirty-one  of  the  consolidated  laws/7  as  amended,  is  hereby  further 
amended  to  read  as  follows: 

CHAPTER  XXXI  OF  THE  CONSOLIDATED  LAWS. 
LABOR  LAW. 

[Article  1.  Short  title;  definitions.     (§§  1-2.) 

2.  General  provisions.      (§§  3-22.) 

3.  Department  of  labor.     (§§  40-48.) 
3a.  Industrial  board.     (§§50-52.) 

4.  Bureau  of  inspection.     (§§  53-61.) 

5.  Bureau  of  statistics  and  information.     (§§  62-65.) 

6.  Factories.     (§§  68-69a.) 

7.  Tenement-made  articles.     (§§  100-106.) 

8.  Bakeries  and  confectioneries.     (§§  110-117.) 

9.  Mines,  tunnels  and  quarries  and  their  inspection. 

(§§  119-136.) 

EXPLANATION  —  Matter  in  italics  is  new  ;  matter  in  brackets  [  ]  is  old  law  to 
be  omitted. 

14 


418         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

10.  Bureau  of  mediation  and  arbitration.      (§§    140- 

148.) 

11.  Bureau  of  industries  and  immigration.     (§§  151- 

156a.) 

12.  Employment  of  women  and  children  in  mercantile 

establishments.     (§§  160-173.) 

13.  Convict-made  goods  and  duties  of  commissioner  of 

labor  relative  thereto.     (§§  190-195.) 

14.  Employer's  liability.     (§§  200-212.) 

14a.  Workmen's  compensation  in  certain  dangerous  em- 
ployments.    (§§  215-219g.) 

15.  Employment  of  children  in  street  trades.     (§§  220- 

227.) 

16.  Laws   repealed;    when   to  take   effect.      (§§   240- 

241.)] 

Article     1.  Short  title;  definitions.     (§§'  1-3.) 

2.  The  department  of  labor.     (§§  10-91.) 

3.  General  provisions.      (§§  95-103.) 

4.  Employment  of  children  and  females.   (§§  105—120.) 

5.  Hours  of  labor.     (§§  125-143.) 

6.  Payment  of  wages.     (§§  145-147.) 

7.  Public  work.     (§§  150-154.) 

8.  Employment  agencies  and  immigrant  lodging-houses. 

(§§  160-165.) 

9.  Building  construction  und  repair  work.     (§§  170- 

172.) 

10.  Factories.     (§§  175-226.) 

11.  Bakeries     and     manufacture     of     food     products. 

(§§  235-243.) 

12.  Tenement-made  articles.     (§§  250-266.) 

13.  Mercantile  establishments.     (§§  300-315.) 

14-  Mines/  tunnels  and  quarries;  employment  in  com- 
pressed air.     (§§  330-357.) 

15.  Violations  and  penalties.     (§§  370-371.) 

16.  Laws  repealed.     (§§  375-376.) 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         419 


ARTICLE   1. 


Section  1.  Short  title.  This  chapter  shall  be  known  as  the 
"  Labor  Law." 

§  2.  Definitions.     1.  Whenever  used  in  this  chapter: 

[Employee.]  The  term  "  employee,"  [when  used  in  this 
chapter,]  means  a  mechanic,  workingman  or  laborer  who  works 
for  another  [for  hire]. 

[Employer.]  The  term  "  employer,"  [when  used  in  this 
chapter,]  means  the  person  employing  any  such  mechanic,  work- 
ingman or  laborer,  whether  the  owner,  proprietor,  agent,  superin- 
tendent, foreman  or  other  subordinate. 

[Factory ;  work  for  a  factory.]  The  term  "  factory,"  [when 
used  in  this  chapter,  shall  be  construed  to]  includes  any  mill, 
workshop,  or  other  manufacturing  or  business  establishment  and 
all  buildings,  sheds,  structures  or  other  places  used  for  or  in 
connection  therewith,  where  one  or  more  persons  are  employed  at 
labor,  except  power  houses,  generating  plants,  barns,  storage 
houses,  sheds  and  other  structures  owned  or  operated  by  a  public 
service  corporation  or  used  in  connection  with  railroad  or  other 
public  service  purposes,  other  than  construction  or  repair  shops, 
subject  to  the  jurisdiction  of  the  public  service  commission  under 
article  three  of  the  public  service  commissions  law. 

[Work  shall  be  deemed  to  be  done  for  a  factory  within  the 
meaning  of  this  chapter  whenever  it  is  done  at  any  place,  upon 
the  work  of  a  factory  or  upon  any  of  the  materials  entering 
into  the  product  of  the  factory,  whether  under  contract  or  ar- 
rangement with  any  person  in  charge  of  or  connected  with  such 
factory  directly  or  indirectly  through  the  instrumentality  of  one 
or  more  contractors  or  other  third  persons.] 

[Factory  building.]  The  term  "  factory  building,"  [when 
used  in  this  chapter,]  means  any  building,  shed  or  structure 
which,  or  any  part  of  which,  is  occupied  by  or  used  for  a  factory. 

[Mercantile  establishment.]  The  term  "  mercantile  establish- 
ment," [when  used  in  this  chapter,]  means  any  place  where 
goods,  wares  or  merchandise  are  offered  for  sale. 


420         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

[Tenement  house.  The  term  "  tenement  house,'7  when  used  in 
this  chapter,  means  any  house  or  building,  or  portion  thereof, 
which  is  either  rented,  leased,  let  or  hired  out,  to  be  occupied,  or 
is  occupied  in  whole  or  in  part  as  the  home  or  residence  of  three 
families  or  more  living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises,  and  includes  apartment  houses, 
flat  houses  and  all  other  houses  so  occupied,  and  for  the  purposes 
of  this  chapter  shall  be  construed  to  include  any  building  on  the 
same  lot  with  any  such  tenement  house  and  which  is  used  for  any 
of  the  purposes  specified  in  section  one  hundred  of  this  chapter.] 

The  term  "  department  "  means  the  department  of  labor  of  the 
state  of  New  York. 

The  term  "  commissioner "  means  the  commissioner  of  labor 
of  the  state  of  New  York. 

The  term  "  rule  "  means  any  rule,  regulation  or  order  made  by 
the  industrial  board  and  any  amendment  or  repeal  thereof. 

2.  Prohibited  employment.  Whenever  the  provisions  of  this 
chapter  prohibit  the  employment  of  a  person  in  certain  work  or 
under  certain  conditions,  the  employer  shall  not  permit,  suffer  or 
allow  such  person  to  so  work,  either  with  or  without  compensar 
tion,  and  in  a  prosecution  or  action  therefor  lack  of  consent  or 
knowledge  on  the  part  of  the  employer  shall  be  no  defense. 

8.  Work  for  a  factory.  Work  shall  be  deemed  to  be  done  for 
a  factory  within  the  meaning  of  this  chapter  whenever  it  is  done 
at  any  place,  upon  the  work  of  a  factory  or  upon  any  of  the 
materials  entering  into  the  product  of  the  factory,  whether  under 
contract  or  arrangement  with  any  person  in  charge  of  or  con- 
nected with  such  factory  directly  or  indirectly  through  the  in- 
strumentality of  one  or  more  contractors  or  other  third  persons. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         421 
ARTICLE  [3J0. 

THE   DEPARTMENT   OF   LABOR. 

[Section  41.  Commissioner  of  labor. 

41.  Deputy  commissioners. 

42.  Bureaus. 

43.  Powers. 

44.  Salaries  and  expenses. 

45.  Branch  offices. 

46.  Reports. 

47.  Old  records. 

48.  Counsel.] 

TITLE  I.     ORGANIZATION. 

Section  10.  Commissioner  of  labor. 

11.  Appointment  and  removal  of  subordinate  officers  and 

assistants;  salaries. 

12.  Industrial  board,  appointment  and  salaries. 

13.  Industrial  board,  secretary  and  assistants. 
14-  Bureaus. 

15.  Branch  offices. 

16.  Expenses. 

TITLE  II.    INDUSTRIAL  BOARD;  POWERS  AND  DUTIES. 

Section  20.  Meetings  of  board. 

21.  Investigations. 

22.  Enactment  of  rules. 

23.  Procedure;  industrial  code. 

24.  Special  rules  for  dangerous  trades. 

TITLE  III.   COMMISSIONER  OF  LABOR;  POWERS  AND  DUTIES. 

Section  30.  General  duty  to  enforce  labor  laws. 

31.  Power  to  enter  and  inspect  premises. 

32.  Examination  of  books  and  papers. 

33.  Inspectors'  reports  to  be  in  writing. 

34-  Duty  to  furnish  information  and  facilitate  depart- 
ment's inspections. 

35.  Interference  with  department  prohibited. 

36.  Service  of  notice. 

37.  Reissuance  of  revoked  licenses. 


422         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

38.  Commissioner  to  keep  record  and  publish  bulletin  of 

licenses. 

39.  Blanks  to  be  prepared. 

40.  Annual  report. 

41.  Seal. 

42.  Badges. 

43.  Destruction  of  old  records. 

44-  Department's  process  to  be  in  commissioner's  name. 

45.  Oaths  und  affidavits. 

46.  Hearings  and  subpoenas. 

47.  Proceedings  before  deputies  or  assistants. 

48.  Rules  covering  hearings. 

TITLE  IV.    SUBORDINATE  OFFICERS;  POWERS  AND  DUTIES. 

Section  55.  Powers  and  duties  of  deputies. 
56.  Duties  of  counsel. 

TITLE  V.    BUREAU  OF  INSPECTION. 

Section  60.  Bureau  of  inspection;  divisions. 

61.  Inspector  general. 

62.  Factory  inspection  districts;  chief  factory  inspectors. 

63.  Supervising  factory  inspectors. 
64-  Factory  inspection  subdistricts. 

65.  Special  factory  inspectors. 

66.  Assignment  of  factory  inspectors. 

67.  Division  of  mercantile  inspection. 

68.  Mercantile  inspection  districts. 

69.  Special  mercantile  inspectors. 

70.  Assignment  of  mercantile  inspectors. 

71.  Division  of  homework  inspection. 

72.  Division  of  industrial  hygiene. 

73.  Section  of  medical  inspection. 

TITLE  VI.    BUREAU  OF  STATISTICS  AND  INFORMATION. 

Section  75.  Bureau  of  statistics  and  information;  divisions. 
76.  Powers  and  duties  of  divisions. 

TITLE  VII.     BUREAU.  OF  MEDIATION  AND  ARBITRATION. 

Section  80.  Bureau  of  mediation  and  arbitration. 

81.  Board  of  mediation  and  arbitration. 

82.  Mediation  and  investigation. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         423 

83.  Procedure  of  board. 

84-  Arbitration  by  the  board. 

85.  Decisions  of  board. 

86.  Submission  of  controversies  to  local  arbitrators. 

87.  Consent;  oath;  powers  of  arbitrators. 

88.  Decisions  of  arbitrators. 

TITLE  VIII.    BUREAU  OF  INDUSTRIES  AND  IMMIGRATION. 

Section  90.  Bureau  of  industries  and  immigration. 
91.  General  powers  and  duties. 

TITLE  I.     ORGANIZATION. 

§  [40]  10.  Commissioner  of  labor.  There  shall  [continue  to] 
be  a  department  of  labor,  the  head  of  which  shall  be  the  com- 
missioner of  labor,  who  shall  be  appointed  by  the  governor 
[by  and]  with  the  consent  of  the  senate.  [,  and  who]  The 
commissioner  shall  hold  office  for  [a]  the  remainder  of  the  term 
of  four  years  beginning  on  the  first  day  of  January  of  the  year 
in  which  he  is  appointed,  [.  He]  and  shall  receive  an  annual 
salary  of  eight  thousand  dollars.  [He  shall  appoint  and  may 
remove  all  officers,  clerks  and  other  employees  in  the  department 
of  labor  except  as  in  this  chapter  otherwise  provided.] 

§  [54]  11.  [Inspectors]  Appointment  and  removal  of  sub- 
ordinate officers  and  assistants;  salaries.  [There  shall  be  not  less 
than  one  hundred  and  twenty-five  factory  inspectors,  not  more 
than  thirty  of  whom  shall  be  women.  Such  inspectors  shall  be 
appointed  by  the  commissioner  of  labor  and  may  be  removed  by 
him  at  any  time.  The  inspectors  shall  be  divided  into  seven 
grades.  Inspectors  of  the  first  grade,  of  whom  there  shall  not  be 
mose  than  ninety-five,  shall  each  receive  an  annual  salary  of  one 
thousand  two  hundred  dollars;  inspectors  of  the  second  grade,  of 
whom  there  shall  be  not  more  than  fifty,  shall  each  receive  an 
annual  salary  of  one  thousand  five  hundred  dollars ;  inspectors  of 
the  third  grade,  of  whom  there  shall  be  not  more  than  twenty-five 
shall  each  receive  an  annual  salary  of  one  thousand  eight  hundred 
dollars;  inspectors  of  the  fourth  grade,  of  whom  there  shall  be 
not  more  than  ten,  shall  each  receive  an  annual  salary  of  two 
thousand  dollars  and  shall  be  attached  to  the  division  of  industrial 
hygiene  and  act  as  investigators  in  such  division;  inspectors 
of  the  fifth  grade,  of  whom  there  shall  be  not  more  than  nine, 


424         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

one  of  whom  shall  'be  able  to  speak  and  write  at  least  five  European 
languages  in  addition  to  English,  shall  each  receive  an  annual 
salary  of  two  thousand  five  hundred  dollars,  and  shall  act  as 
supervising  inspectors;  inspectors  of  the  sixth  grade,  of  whom 
there  shall  be  not  less  than  three  and  one  of  whom  shall  be  a 
woman,  shall  act  as  medical  inspectors  and  shall  each  receive  an 
annual  salary  of  two  thousand  five  hundred  dollars ;  inspectors 
of  the  seventh  grade,  of  whom  there  shall  not  be  less  than  four, 
shall  each  receive  an  annual  salary  of  three  thousand  five  hundred 
dollars ;  all  of  the  inspectors  of  the  sixth  grade  shall  be  physicians 
duly  licensed  to  practice  medicine  in  the  state  of  New  York. 
Of  the  inspectors  of  the  seventh  grade  one  shall  be  a  physician 
duly  licensed  to  practice  medicine  in  the  state  of  JSTew  York, 
and  shall  be  the  chief  medical  inspector;  one  shall  be  a  chemical 
engineer;  one  shall  be  a  mechanical  engineer,  and  an  expert  in 
ventilation  and  accident  prevention ;  and  one  shall  be  a  civil  en- 
gineer, and  an  expert  in  fire  prevention  and  building  construction. 
2.  Mercantile  inspectors.  The  commissioner  of  labor  may  ap- 
point from  time  to  time  not  more  than  twenty  mercantile  inspec- 
tors not  less  than  four  of  whom  shall  be  women  and  who  may 
be  removed  by 'him  at  any  time.  The  mercantile  inspectors  may 
be  divided  into  three  grades  but  not  more  than  five  shall  be  of 
the  third  grade.  Each  mercantile  inspector  of  the  first  grade 
shall  receive  an  annual  salary  of  one  thousand  dollars ;  of  the 
second  grade  an  annual  salary  of  one  thousand  two  hundred 
dollars ;  and  of  the  third  grade  an  annual  salary  of  one  thousand 
five  hundred  dollars.]  The  commissioner  shall  appoint  and  may 
at  pleasure  remove  the  following  officers  and  assistants  who  shall 
have  the  qualifications  and  receive  the  annual  salaries  herein 
stated  after  their  respective  names  of  office: 

1.  A  first  deputy  commissioner,  who  shall  be  the  inspector  *gen- 
eral,  five  thousand  dollars. 

2.  A  second  deputy  commissioner,  who  shall  be  the  chief  medi- 
ator, forty-five  hundred  dollars. 

3.  A  counsel,  who  shall  ~be  an  attorney  and  counsellor-at-law  of 
this  state,  four  thousand  dollars. 

4.  Assistants  to  the  counsel,  who  shall  be  attorneys  and  counsel- 
lors-at-law  of  this  state,  such  sum  as  may  be  appropriated  therefor. 

5.  A  chief  statistician,  such  sum  as  may  be  appropriated  there- 
for. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         425 

6.  A  chief  investigator,  who  shall  be  the  head  of  the  bureau  of 
industries  and  immigration,  such  sum  as  may  be  appropriated 
therefor. 

7.  Two  chief  factory  inspectors,  each  four  thousand  dollars. 

8.  A  chief  mercantile  inspector,  such  sum  not  exceeding  three 
thousand  dollars  as  may  be  appropriated  therefor. 

9.  Not  less  than  one  hundred  and  twenty-five  factory  inspectors, 
of  whom  not  more  than  thirty  shall  be  women,  divided  into  seven 
grades  as  follows: 

a.  Not  more  than  ninety-five  of  the  first  grade,  each  twelve 
hundred  dollars. 

b.  Not  more  than  fifty  of  the  second  grade,  each  fifteen  hun- 
dred dollars. 

c.  Not  more  than  twenty- five  of  the  third  grade,  each  eigh- 
teen hundred  dollars. 

d.  Not  more  than  ten  of  the  fourth  grade,  each  two  thou- 
sand dollars. 

e.  Not  more  than  nine  of  the  fifth  grade,  one  of  whom  shall 
be  able  to  speak  and  write  at  least  five  European  languages  in 
addition  to  English,  each  twenty-five  hundred  dollars. 

f.  Not  less  than  three  of  the  sixth  grade,  one  of  ivhom  shall 
be  a  woman  and  all  of  whom  shall  be  physicians  duly  licensed 
to  practice  medicine  in  this  state,  each  twenty-five  hundred 
dollars. 

g.  Not  less  than  four  of  the  seventh  grade,  one  of  ivhom 
shall  be  a  physician  duly  licensed  to  practice  medicine  in  this 
state,  one  a  chemical  engineer,  one  a  mechanical  engineer  and 
an  expert  in  ventilation  and  accident  prevention,  and  one  a 
civil  engineer  and  an  expert  in  fire  prevention  and  building 
construction,  each  thirty-five  hundred  dollars. 

10.  Not  more  than  twenty  mercantile  inspectors,  of  whom  not 
less  than  four  shall  be  women,  divided  into  three  grades  as  follows: 

a.  The  first  grade,  one  thousand  dollars. 

b.  The  second  grade,  twelve  hundred  dollars. 

c.  The  third  grade,  of  whom  there  shall  be  not  more  than 
five,  fifteen  hundred  dollars. 

11.  Such  number  of  special  investigators  as  may  be  necessary  to 
carry  into  effect  the  powers  of  the  bureau  of  industries  and  immi- 
gration, divided  into  two  grades  as  follows: 


426         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

a.  The  first  grade,  twelve  hundred  dollars. 

b.  The  second  grade,  fifteen  hundred  dollars. 

12.  All  other  officers,  clerks,  assistants  and  employees  in  the  de- 
partment except  as  in  this  chapter  otherwise  provided. 

§  [50]  12.  Industrial  board;  [organization]  appointment  and 
salaries.  '[!•]  There  shall  be  an  industrial  board,  to  consist 
of  the  commissioner  [of  labor,]  who  shall  be  chairman  [of  the 
board,]  and  four  associate  members  who  [The  associate  members] 
shall  be  appointed  by  the  governor  [by  and]  with  the  consent 
[and  advice]  of  the  senate.  Of  the  associate  members  first  ap- 
pointed, one  shall  hold  office  until  December  first,  nineteen  hun- 
dred and  fourteen,  one  until  December  first,  nineteen  hundred 
and  fifteen,  one  until  December  first,  nineteen  hundred  and  six- 
teen, and  one  until  December  first,  nineteen  hundred  and  seven- 
teen. Upon  the  expiration  of  each  of  said  terms,  the  term  of  office 
of  each  associate  member  thereafter  appointed  shall  be  four  years 
from  the  first  day  of  December.  Vacancies  shall  be  filled  by  ap- 
pointment for  the  unexpired  term.  The  associate  members  shall 
each  receive  [a]  an  annual  salary  of  three  thousand  dollars  [a 
year]  and  each  of  said  associate  members  shall  be  paid  his  reason- 
able and  necessary  traveling  and  other  expenses  while  engaged  in 
the  performance  of  his  duties  in  the  manner  provided  in  section 
forty-four  of  this  chapter. 

[2.  The  board  shall  appoint  and  may  remove  a  secretary  who 
shall  receive  a  salary  to  be  fixed  by  the  board.  The  commissioner 
of  labor  shall  detail,  from  time  to  time,  to  the  assistance  of  the 
board,  such  employees  of  the  department  of  labor  as  the  board 
may  require.  In  aid  of  its  work,  the  board  is  empowered  to  em- 
ploy experts  for  special  and  occasional  services,  and  to  employ 
necessary  clerical  assistants.  The  counsel  to  the  department  of 
labor  shall  be  counsel  to  the  board  without  additional  compensa- 
tion. 

3.  The  board  shall  hold  stated  meetings,  at  least  once  a  month 
during  the  year  at  the  office  of  the  department  of  labor  in  the  city 
of  Albany  or  in  the  city  of  New  York  and  shall  hold  other  meet- 
ings at  such  times  and  places  as  the  needs  of  the  public  service 
may  require,  which  meetings  shall  be  called  by  the  chairman  or 
by  any  two  associate  members  of  the  board.  All  meetings  of  the 
board  shall  be  open  to  the  public.  The  board  shall  keep  minutes 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         427 

of  its  proceedings  showing  the  vote  of  each  member  upon  every 
question  and  records  of  its  examinations  and  other  official  action.] 

§  13.  Industrial  board;  secretary  and  assistants.  The  board 
shall  appoint  and  may  remove  a  secretary  and  shall  fix  his  salary. 
In  the  performance  of  its  duties  the  board  may  employ  experts 
for  special  and  occasional  services  and  necessary  clerical  assistants. 
The  commissioner  shall  detail,,  from  time  to  time,  to  the  assistance 
of  the  board,  such  employees  of  the  department  as  the  board  may 
require. 

§  [42]  14-  Bureaus.  The  department  [of  labor]  shall  have 
[four]  the  following  bureaus  [as  follows], :  Inspection ;  statistics 
and  information;  mediation  and  arbitration;  [and]  industries 
and  immigration,  and  [There  shall  be]  such  other  bureaus  [in 
the  department  of  labor]  as  the  commissioner  [of  labor]  may 
deem  necessary.  Each  bureau  and  division  of  the  department  and 
the  persons  in  charge  thereof  shall  be  subject  to  the  supervision 
and  direction  of  the  commissioner,  and  in  addition  to  their  re- 
spective duties  as  prescribed  by  this  chapter,  shall  perform  such 
other  duties  as  may  be  assigned  to  them  by  the  commissioner. 

§  [45]  15.  Branch  offices.  The  commissioner  [of  labor]  shall 
establish  and  maintain  branch  offices  of  the  department  in  [the 
city  of],  New  York  city  and  in  such  other  cities  of  the  state  as  he 
may  deem  advisable.  [Such  b]jBranch  offices  shall,  subject  to  the 
supervision  and  direction  of  the  commissioner  [of  labor],  be  in 
immediate  charge  of  such  officials  or  employees  as  the  commis- 
sioner [of  labor]  may  designate.  [The  reasonable  and  neces- 
sary expenses  of  such  offices  shall  be  paid  as  are  other  expenses 
of  the  commissioner  of  labor.] 

§  [44]  16.  [Salaries  and  ej^xpenses.  All  necessary  expenses 
incurred  by  the  commissioner  [of  labor]  and  the  industrial  board 
in  the  discharge  of  [his]  their  duties  shall  be  paid  by  the  state 
treasurer  upon  the  warrant  of  the  comptroller  issued  upon  proper 
vouchers  therefor.  The  reasonable  and  necessary  traveling  and 
other  expenses  of  the  associate  members  of  the  industrial  board, 
the  deputy  commissioners,  [their  assistants,]  the  [agents  and] 
statisticians,  the  chief  factory  inspectors,  the  factory  inspectors, 
chief  investigator,  the  special  investigators,  the  chief  mercantile  in- 
spector, mercantile  inspectors,  and  other  [field]  officers,  clerics, 
assistants  and  employees  of  the  department  while  engaged  in  the 
performance  of  their  duties  shall  be  paid  in  like  manner  upon 


428         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

vouchers  approved  by  the  commissioner  [of  labor]  and  audited 
by  the  comptroller. 

[ARTICLE  3-A.l  TITLE  n.  INDUSTRIAL  BOARD;  POWERS  AND 

DUTIES. 

[Section  50.  Industrial  board;  organization. 
51.  Jurisdiction  of  board. 
52.  Rules  and  regulations;  industrial  code.] 

§  20.  Meetings  of  board.  The  industrial  board  shall  hold  stated 
meetings,  at  least  once  a  month  at  the  office  of  the  department  in 
Albany  or  in  New  York  city,  and  shall  hold  other  meetings  when 
and  where  called  by  the  chairman  or  two  members  of  the  board. 
All  meetings  of  the  board  shall  be  open  to  the  public.  The  board 
shall  keep  records  of  its  investigations  and  other  official  actions, 
and  minutes  of  its  proceedings  showing  the  vote  of  each  member 
upon  every  question. 

§  [51.  Jurisdiction  of  board.]J#./.  Investigations.  [The  board 
shall  have  power:  (1)  To  make  investigations  concerning  and 
report  upon  all  matters  touching  the  enforcement  and  effect  of 
the  provisions  of  this  chapter  and  the  rules  and  regulations  made 
by  the  board  thereunder,  and  in  the  course  of  such  investigations, 
each  member  of  the  board  and  the  secretary  shall  have  power  to 
administer  oaths  and  take  affidavits.  Each  member  of  the  board 
and  the  secretary  shall  have  power  to  make  personal  inspections 
of  all  factories,  factory  buildings,  mercantile  establishments  and 
other  places  to  which  this  chapter  is  applicable. 

(2)  To  subpoena  and  require  the  attendance  in  this  state  of 
witnesses  and  the  production  of  books  and  papers  pertinent  to 
the  investigations  and  inquiries  hereby  authorized  and  to  examine 
them  in  relation  to  any  matter  which  it  has  power  to  investigate, 
and  to  issue  commissions  for  the  examination  of  witnesses  who 
are  out  of  the  state  or  unable  to  attend  before  the  board  or  excused 
from  attendance. 

(3)  To  make,  alter,  amend  and  repeal  rules  and  regulations  for 
carrying  into  effect  the  provisions  of  this  chapter,  applying  such 
provisions  to  specific  conditions  and  prescribing  specific  means, 
methods  or  practices  to  effectuate  such  provisions. 

(4)  To  make,  alter,  amend  or  repeal  rules  and  regulations  for 
guarding  against  and  minimizing  fire  hazards,  personal  injuries 
and  disease,  with  respect  to  (a)  the  construction,  alteration,  equip- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         429 

* 

ment  and  maintenance  of  factories,  factory  buildings,  mercantile 
establishments  and  other  places  to  which  this  chapter  is  applicable, 
including  the  conversion  of  structures  into  factories  and  factory 
buildings;  (b)  the  arrangement  and  guarding  of  machinery  and 
the  storing  and  keeping  of  property  and  articles  in  factories,  factory 
buildings  and  mercantile  establishments ;  (c)  the  places  where  and 
the  methods  and  operations  by  which  trades  and  occupations  may 
be  conducted  and  the  conduct  of  employers,  employees  and  other 
persons  in  and  about  factories,  factory  buildings  and  mercantile 
establishments ;  it  being  the  policy  and  intent  of  this  chapter  that 
all  factories,  factory  buildings,  mercantile  establishments  and 
other  places  to  which  this  chapter  is  applicable,  shall  be  so  con- 
structed, equipped,  arranged,  operated  and  conducted  in  all  re- 
spects as  to  provide  reasonable  and  adequate  protection  to  the 
lives,  health  and  safety  of  all  persons  employed  therein  and  that 
the  said  board  shall  from  time  to  time  make  such  rules  and  regula- 
tions as  will  effectuate  the  said  policy  and  intent. 

§  52.  Rules  and  regulations;  industrial  code.  1.  The  rules  and 
regulations  adopted  by  the  board  pursuant  to  the  provisions  of  this 
chapter  shall  have  the  force  and  effect  of  law  and  shall  be  enforced 
in  the  same  manner  as  the  provisions  of  this  chapter.  Such  rules 
and  regulations  may  apply  in  whole  or  in  part  to  particular  kinds 
of  factories  or  workshops,  or  to  particular  machines,  apparatus  or 
articles;  or  to  particular  processes,  industries,  trades  or  occupa- 
tions; and  they  may  be  limited  in  their  application  to  factories 
or  workshops  to  be  established,  or  to  machines,  apparatus  or  other 
articles  to  be  installed  or  provided  in  the  future. 

2.  At  least  three  affirmative  votes  shall  be  necessary  to  the  adop- 
tion of  any  rule  or  regulation  by  the  board.     Before  any  rule  or 
regulation  is  adopted,  altered,  amended  or  repealed  by  the  board 
there  shall  be  a  public  hearing  thereon,  notice  of  which  shall  be 
published  not  less  than  ten  days,  in  such  newspapers  as  the  board 
may  prescribe.     Every  rule  or  regulation  and  every  act  of  the 
board  shall  be  promptly  published  in  bulletins  of  the  department 
of  labor  or  in  such  newspapers  as  the  board  may  prescribe.     The 
rules  and  regulations,  and  alterations,  amendments  and  changes 
thereof  shall,  unless  otherwise  prescribed  by  the  board,  take  effect 
twenty  days  after  the  first  publication  thereof. 

3.  The  rules  and  regulations  which  shall  be  in  force  on  the 
first  day  of  January,  nineteen  hundred  and  fourteen,   and  the 


430         PKOPOSED  RE  CODIFICATION  OF  THE  LABOR  LAW. 

* 

amendments  and  alterations  thereof,  and  the  additions  thereto, 
shall  constitute  the  industrial  code.  The  industrial  code  may 
embrace  all  matters  and  subjects  to  which  and  so  far  as  the  power 
and  authority  of  the  department  of  labor  extends  and  its  applica- 
tion need  not  be  limited  to  subjects  enumerated  in  this  article. 
The  industrial  code  and  all  amendments  and  alterations  thereof 
and  additions  thereto  shall  be  certified  by  the  secretary  of  the  board 
and  filed  with  the  secretary  of  state.]  The  board  shall  have  power 
to  make  investigations  concerning  and  report  upon  the  conditions 
of  labor  generally  and  upon  all  matters  relating  to  the  enforcement 
and  effect  of  the  provisions  of  this  chapter  and  the  rules  of  the 
board.  Each  member  of  the  board,  and  the  secretary  shall  have 
power  to  administer  oaths  and  take  affidavits  and  to  make  per- 
sonal inspections  of  all  places  to  which  this  chapter  applies.  The 
board  shall  have  power  to  subpoena  and  require  the  attendance  of 
witnesses  and  the  production  of  books  and  papers  pertinent  to  the 
investigations  and  inquiries  hereby  authorized,  and  to  examine 
them  in  relation  to  any  matter  which  it  has  power  to  investigate, 
and  to  issue  commissions  for  the  examination  of  witnesses  who  are 
out  of  the  state  or  unable  to  attend  before  the  board,  or  excused 
from  attendance. 

§  22.  Enactment  of  rules.  1.  The  board  shall  have  power  to 
make,  amend  and  repeal  rules  for  carrying  into  effect  the  pro- 
visions of  this  chapter,  applying  such  provisions  to  specific  con- 
ditions and  prescribing  specific  means,  methods  or  practices  to 
effectuate  such  provisions,  and  may  amend  or  repeal  rules  and 
regulations  heretofore  prescribed  by  the  commissioner  with  refer- 
ence to  mines,  tunnels  and  quarries  and  employment  in  com- 
pressed air.  Such  rules  and  regulations  heretofore  prescribed  by 
the  commissioner  shall  continue  in  force  until  amended  or  re- 
pealed by  the  industrial  board. 

2.  The  board  shall  have  power  to  make,  amend  and  repeal  rules 
for  improper  sanitation  in  the  places  to  which  this  chapter  applies, 
and  for  guarding  against  and  minimizing  fire  hazards,  personal  in- 
juries and  diseases  in  all  places  to  which  this  chapter  applies  with 
respect  to 

a.  The  construction,  alteration,  equipment  and  maintenance 
of  all  such  places,  including  the  conversion  of  structures  into 
factories,  factory  buildings  and  mercantile  establishments; 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         431 

b.  The  arrangement  and  guarding  of  machinery  and  the 
storing  and  keeping  of  property  and  articles; 

c.  The  places  where  and  the  methods  and  operations  by 
which  trades  and  occupations  may  be  conducted  and  the  con- 
duct of  employers,  employees  and  other  persons; 

It  being  the  policy  and  intent  of  this  chapter  that  all  places  to 
which  it  applies  shall  be  so  constructed,  equipped,  arranged, 
operated  and  conducted  in  all  respects  as  to  provide  reasonable 
and  adequate  protection  to  the  lives,  health  and  safety  of  all  per- 
sons employed  therein,  and  frequenting  the  same,  and  that  the 
board  shall  from  time  to  time  make  such  rules  as  will  effectuate 
such  policy  and  intent. 

8.  The  rules  may  be  limited  in  their  application  to  certain 
classes  of  establishments,  places  of  employment,  machines,  ap- 
paratus, articles,  processes,  industries,  trades  or  occupations  or 
may  apply  only  to  those  to  be  constructed,  established,  installed  or 
provided  in  the  future. 

4.  The  rules  of  the  board  shall  have  the  force  and  effect  of  law 
and  shall  be  enforced  in  the  same  manner  as  the  provisions  of  this 
chapter. 

5.  No  provision  of  this  chapter  conferring  power  on  the  in- 
dustrial board  to  make  rules  in  specific  cases  shall  limit  the  powers 
conferred  by  this  section. 

§  23.  Procedure;  industrial  code.  The  rules  of  the  board  shall 
constitute  the  industrial  code.  At  least  three  affirmative  votes 
shall  be  necessary  for  the  adoption,  amendment  or  repeal  of  any 
rule.  Before  any  rule  is  adopted,  amended  or  repealed,  there  shaE 
be  a  public  hearing  thereon,  notice  of  which  shall  be  published  at 
least  once,  not  less  than  ten  days  prior  thereto,  in  such  newspapers 
as  the  board  may  prescribe  and  in  the  city  of  New  York  in  the 
City  Record-  Every  rule  adopted  and  every  amendment  or  re- 
peal thereof  shall  be  promptly  published  in  the  bulletins  of  the 
department  and  in  such  newspapers  as  the  board  may  prescribe 
and  in  the  city  of  New  York  in  the  City  Record.  The  rules  und 
all  amendments  and  repeals  thereof  shall,  unless  otherwise  pre- 
scribed by  the  board,  take  effect  twenty  days  after  the  fir?i  publi- 
cation thereof,  and  every  rule  and  every  amendment  or  repeal 
thereof  shall  be  certified  by  the  secretary  of  the  board  und  filed 
with  the  secretary  of  state. 


432         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

§  [99]  24*  Special  rules  for  [D]cZangerous  trades.  Whenever 
the  industrial  board  [shall]  finds  [as  a  result  of  its  investiga- 
tions] that  any  industry,  trade  or  occupation  [by  reason  of  the 
nature  of  the  materials  used  therein  or  the  products  thereof  or 
by  reason  of  the  methods  or  processes  or  machinery  or  apparatus 
employed  therein  or  by  reason  of  any  other  matter  or  thing  con- 
nected with  such  industry,  trade  or  occupation,  contains]  involves 
such  elements  of  danger  to  the  lives,  health  or  safety  of  persons 
employed  therein  as  to  require  special  regulation  for  the  protection 
of  such  persons,  the  [said]  board  shall  have  power  to  make  [such] 
special  rules  [and  regulations  as  it  may  deem  necessary]  to 
guard  against  such  elements  of  danger  by  establishing  require- 
ments as  to  temperature,  .humidity,  the  removal  of  dust,  gases  or 
fumes  and  requiring  licenses  to  be  applied  for  and  issued  by  the 
commissioner  [of  labor]  as  a  condition  of  carrying  on  any  such 
industry,  trade  or  occupation  and  requiring  medical  inspection 
and  supervision  of  persons  employed  and  applying  for  employ- 
ment, and  by  other  appropriate  means. 

TITLE  III.   COMMISSIONER  OF  LABOR;  POWERS  AND  DUTIES. 

§  30.  General  duty  to  enforce  labor  laws.  The  commissioner 
shall  enforce  all  the  provisions  of  this  chapter  and  of  the  rules  of 
the  industrial  board.  He  may  also  enforce  any  lawful  municipal 
ordinance,  by-law  or  regulation  not  in  conflict  with  the  provisions 
of  this  chapter  or  the  rules  of  the  industrial  board  relating  to  any 
place  affected  by  the  provisions  of  this  chapter.  The  commissioner 
may  call  upon  other  state  or  local  officers  or  boards  of  health  to 
secure  the  enforcement  of  the  provisions  of  this  chapter  in  so  far 
as  they  relate  to  establishments  other  than  factories  specified  in 
section  one  hundred  and  five,  and  for  that  purpose  such  state  or 
local  officers  or  boards  of  health  shall  have  all  of  the  powers  con- 
ferred upon  the  commissioner  by  this  chapter. 

§  31.  Power  to  enter,  and  inspect  premises.  The  commissioner 
or  his  deputies  and  assistants  shall  inspect  every  place  which  is, 
or  which  they  may  have  reasonable  cause  to  believe  is,  affected  by 
the  provisions  of  this  chapter  and  he  and  his  deputies  and  assist- 
ants may,  in  the  discharge  of  their  duties,  enter  any  such  place. 

§  82.  Examination  of  books  and  papers.  All  books,  papers, 
records  or  other  documents  required  to  be  kept  by  the  provisions 
of  this  chapter  or  the  rules  of  the  industrial  board,  shall  at  all 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         433 

titn.es  be  open  to  the  inspection  of  the  commissioner,  his  deputies 
and  assistants,  and  the  person  in  charge  thereof  shall  afford  every 
reasonable  facility  for  their  examination  and  shall  furnish  a  copy 
thereof  when  demanded  by  the  commissioner. 

§  33.  Inspectors'  reports  to  be  in  writing.  Every  person  acting 
as  an  inspector  for  the  department  shall  report  the  facts  and  con- 
ditions observed  or  discovered  by  him  in  the  course  of  every  in- 
spection made  by  him  under  the  provisions  of  this  chapter.  The 
commissioner  shall  prescribe  the  form,  scope  and  the  manner  of 
making  such  reports.  The  reports  shall  be  filed  in  the  depart- 
ment. 

§  [64.  Information  to  be  furnished  upon  request.]  34-  Duty 
to  furnish  information  and  facilitate  department's  inspections. 
The  owner,  operator,  manager  or  lessee  of  any  [mine,  factory, 
workshop,  warehouse,  elevator,  foundry,  machine  shop  or  other 
manufacturing]  establishment [,]  or  place  affected  by  the  provi- 
sions of  this  chapter  or  [any]  his  agent,  superintendent,  subordi- 
nate, or  employee  [thereof,]  and  any  person  employing  or  direct- 
ing any  labor  affected  by  the  provisions  of  this  chapter,  shall,  when 
requested  by  the  commissioner  |[of  labor,]  furnish  any  information 
in  his  possession  or  under  his  control  which  the  commissioner  is 
authorized  to  require,  shall  answer  truthfully  all  questions  put 
to  him  by  the  commissioner  in  a  circular  or  otherwise,  |[and] 
shall  admit  [him  or  his  duly  authorized  representative]  the  com- 
missioner or  his  deputies  or  assistants  to  any  place  which  is 
affected  by  the  provisions  of  this  chapter  for  the  purpose  of  mak- 
ing inspection  or  enforcing  the  provisions  of  this  chapter  and  the 
rules  of  the  industrial  board,  and  shall  render  assistance  necessary 
for  a  proper  inspection.  [A  person  refusing  to  axjnrit  such  com- 
missioner, or  person  authorized  by  him,  to  any  such  establishment, 
or  to  furnish  him  any  information  requested,  or  who  refuses  to 
answer  or  untruthfully  answers  questions  put  to  him  by  such  com- 
missioner, in  a  circular  or  otherwise,  shall  forfeit  to  the  people 
of  the  state  the  sum  of  one  hundred  dollars  for  each  refusal  or 
untruthful  answer  given,  to  be  sued  for  and  recovered  by  the  com- 
missioner in  his  name  of  office.  The  amount  so  recovered  shall 
be  paid  into  the  state  treasury.] 

§  35.  Interference  with  department  prohibited.  No  person 
shall  interfere  with,  obstruct  or  hinder  by  force  or  otherwise  the 
commissioner,  his  deputies  or  assistants  or  any  member  of  the 


434         PROPOSED  RECODIFICATION  OF  THE  LABOK  LAW. 

industrial  board  or  the  secretary  or  assistants  thereof,  while  in  the 
performance  of  their  duties. 

§  86.  Service  of  notice.  Whenever  the  department  or  commis- 
sioner, or  any  person  affected  by  the  provisions  of  this  chapter,  is 
required  or  authorized  by  this  chapter  or  any  rule  made  in  pursu- 
ance thereof  to  give  notice  in  writing  to  any  other  person,  such 
notice  may  be  given  by  mailing  it  in  a  registered  letter  addressed 
to  the  person  to  whom  it  is  required  to  be  given  at  his  last  known 
residence  or  place  of  business  or  by  delivering  it  personally  to 
such  person.  Notice  to  a  partnership  may  be  given  to  any  of  the 
partners  and  notice  to  a  corporation  may  be  given  to  any  agent 
of  the  corporation  upon  whom  process  may  be  served,  or  to  "any 
officer  of  the  corporation,  or  to  any  agent  in  charge  of  the  business 
or  place  of  employment  conducted  by  the  corporation.  Whenever 
the  department  or  commissioner  is  required  or  authorized  to  issue 
an  order  for  compliance  with  any  of  the  provisions  of  this  chapter, 
such  order  shall  be  served  in  the  manner  hereinbefore  specified 
for  the  service  of  notices  or  by  delivering  it  personally  to  the  per- 
son to  whom  it  is  required  or  authorized  to  be  uddressed,  or  to 
any  person  of  suitable  age  and  discretion  in  charge  of  the  premises 
affected  by  such  order,  or  if  no  person  be  found  in  charge  of  the 
premises  then  by  affixing  a  copy  of  such  order  prominently  upon 
the  premises. 

§  37.  Reissuance  of  revoked  licenses.  Unless  otherwise  pro- 
vided by  this  clapter,  the  commissioner  or  other  public  officer 
authorized  by  this  chapter  to  cancel,  revoke  or  suspend  any  license 
or  certificate  granted  by  him  may,  when  satisfied  that  the  reasons 
for  the  cancellation,  suspension  or  revocation  no  longer  exist,  re- 
issue such  license  or  certificate  and  it  shall  thereafter  be  of  the 
same  force  and  effect  as  a  new  license  duly  issued,  but  only  for 
the  remainder  of  the  period  for  which  the  original  license  or  cer- 
tificate was  issued. 

§  88.  Commissioner  to  keep  record  and  publish  bulletin  of 
licenses.  The  commissioner  shall  keep  a  record  of  all  licenses  or 
permits  or  certificates  in  the  nature  of  licenses  issued  by  him 
under  the  provisions  of  this  chapter  or  any  rule  made  in  pur- 
suance thereof.  A  complete  list  (1)  of  all  persons  and  places 
holding  such  licenses,  certificates  or  permits,  showing  the  name 
and  address  of  the  owner  of  the  licensed  place,  building  or  busi- 
ness, the  address  of  the  licensed  business  and  the  name  nnder\ 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         435 

which  it  is  carried  on,  the  address  and  place  of  business  of  the 
licensee,  and  (2)  of  all  licenses,  certificates  or  permits  revoked, 
suspended  or  cancelled  shall  be  published  from  time  to  time  by 
the  commissioner. 

§  39.  Blanks  to  be  prepared.  Whenever  any  person  is  required 
by  the  provisions  of  this  chapter  or  any  rule  made  in  pursuance 
of  authority  granted  in  this  chapter  to  give  notice,  furnish  in- 
formation, present  a  petition,  or  make  or  keep  any  report,  record, 
book,  paper  or  other  documentary  evidence  on  blanks  furnished 
by  the  department,  the  commissioner  shall  prepare  and  furnish 
such  blanks  free  of  charge  to  all  persons  applying  therefor. 

§  [46]4#.  Annual  |[R]reports.  The  commissioner  [of 
labor]  shall  report  annually  to  the  legislature  and  shall  include 
in  his  annual  report  or  make  separately  in  each  year  a  report  of 
the  operation  of  each  bureau  in  the  department,  and  the  report  of 
the  director  of  the  division  of  industrial  hygiene  of  the  bureau  of 
inspection. 

§  Jfl.  Seal.  The  commissioner  may  adopt  a  seal  for  the  de- 
partment and  require  that  it  be  used  for  the  authentication  of  the 
department's  orders  and  proceedings,  und  for  such  other  purposes 
as  he  may  prescribe.  The  courts  shall  take  judicial  notice  of  such 
seal  and  of  the  signatures  of  the  commissioner  and  the  deputy 
commissioners. 

§  1+2.  Badges.  The  commissioner  may  procure  badges  for  him- 
self and  his  subordinates  and  require  them  to  be  worn  by  his  sub- 
ordinates while  in  the  performance  of  their  duties. 

§  [47] -4#.  Destruction  of  old  records.  All  statistics  furnished 
to  and  all  complaints,  reports  and  other  documentary  matter  re- 
ceived by  the  commissioner  [of  labor  pursuant  to  this  chapter  or 
any  act  repealed  or  superseded  thereby]  may  be  destroyed  [by 
such  commissioner]  after  the  expiration  of  six  years  from  the 
time  of  the  receipt  thereof. 

§  44-  Department's  process  to  be  in  commissioner's  name.  All 
notices,  orders  and  directions  of  any  officer,  agent  or  employee  of 
the  department  other  than  the  industrial  board  given  in  accord- 
ance with  this  chapter  are  subject  to  the  approval  of  the  commis- 
sioner and  may  be  performed  or  given  by  and  in  his  name  by  any 
officer  or  employee  of  the  department  thereunto  duly  authorized  by 
him. 


436         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

§  |[43]-4<5.  [Powers]  Oaths  and  affidavits.  [1.]  The  commis- 
sioner [of  labor],  his  deputies,  [and  their]  and  assistants,  [and 
each  agent,  chief  factory  inspector,  factory  inspector,  mine  in- 
spector, tunnel  inspector,  chief  investigator,  special  investigator, 
chief  mercantile  inspector,  and  mercantile  inspectors]  may  ad- 
minister oaths  and  take  affidavits  in  matters  relating  to  the  pro- 
visions of  this  chapter. 

[2.  ]STo  person  shall  interfere  with,  obstruct  or  hinder  by 
force  or  otherwise  the  commissioner  of  labor,  any  member  of  the 
industrial  board,  or  any  officer,  agent  or  employee  of  the  depart- 
ment of  labor  while  in  the  performance  of  their  duties,  or  refuse 
to  properly  answer  questions  asked  by  such  officers  or  employees 
pertaining  to  the  provisions  of  this  chapter,  or  refuse  them  ad- 
mittance to  any  place  which  is  affected  by  the  provisions  of  this 
chapter. 

3.  All  notices,  orders  and  directions  of  any  officer,  agent  or 
employee  of  the  department  of  labor  other  than  the  commissioner 
of  labor  or  the  industrial  board  given  in  accordance  with  this 
chapter  are  subject  to  the  approval  of  the  commissioner  of  labor, 
and  may  be  performed  or  given  by  and  in  the  name  of  the  com- 
missioner of  labor  and  by  any  officer  or  employee  of  the  depart- 
ment thereunto  duly  authorized  by  such  commissioner  in  the  name 
of  such  commissioner. 

4.  The  commissioner  of  labor  may  procure  and  cause  to  be  used 
badges  for  himself  and  his  subordinates  in  the  department  of  labor 
while  in  the  performance  of  their  duties.] 

§  4^..  Hearings  and  subpoenas.  The  commissioner  or  any  of 
his  deputies  or  assistants  duly  designated  by  him  shall  have  power 

1.  To  issue  subpoenas  for  and- compel  the  attendance  of  wit- 
nesses and  the  production  of  books,  contracts,  papers,  documents 
and  other  evidence; 

2.  To  hear  testimony  and  take  or  cause  to  be  taken  deposi- 
tions of  witnesses  residing  within  or  without  this  state  in  the  man- 
ner prescribed  by  law  for  like  depositions  in  civil  actions  in  the 
supreme  court. 

Subpoenas  and  commissions  to  take  testimony  shall  be  issued 
under  the  seal  of  the  department. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         437 

§  [15437/7.  Proceedings  before  [the  commissioner  of  labor.] 
deputies  or  assistants.  Any  investigation,  inquiry  or  hearing 
which  the  commissioner  [of  labor]  has  power  to  undertake  or  to 
hold  may  by  his  special  authorization  [from  the  commissioner  of 
labor,]  be  undertaken  or  held  by  or  before  [the  chief  investigator, 
or  any  official  whom  he  may  designate,]  any  of  his  deputies  or 
assistants  and  any  decision  rendered  on  such  investigation,  inquiry 
or  hearing,  when  approved,  and  confirmed  by  the  commissioner 
and  ordered  filed  in  his  office,  shall  [be  and  be  deemed  to]  be  the 
order  of  the  commissioner.  [All  hearings  before  the  commis- 
sioner or  chief  investigator  or  official  duly  designated  therefor  shall 
be  governed  by  rules  to  be  adopted  and  prescribed  by  the  com- 
missioner. The  commissioner  or  chief  investigator  or  official  duly 
designated  therefor  shall  not  be  bound  by  technical  rules  of  evi- 
dence, and  shall  have  the  power  to  subpoena  any  witness  or  any 
person,  and  to  examine  all  books,  contracts,  records  and  docu- 
ments of  any  person  or  corporation  and  by  subpoena  duces  tecum 
to  compel  production  thereof,  and  to  effect  as  far  as  practicable 
an  amicable  settlement  or  adjustment  of  any  such  complaint. 
Such  subpoena  shall  be  issued  by  the  commissioner  or  chief  in- 
vestigator under  the  seal  of  the  department  of  labor.  No  person 
shall  be  excused  from  testifying  or  from  producing  any  books  or 
papers  on  any  investigation  or  inquiry  by  or  upon  any  hearing 
before  the  commissioner  or  chief  investigator,  or  official  duly  desig- 
nated thereof,*  when  ordered  to  do  so,  upon  the  ground  that  the 
testimony  or  evidence,  books  or  documents  required  of  him  may 
tend  to  incriminate  him  or  subject  him  to  a  penalty  or  forfeiture, 
but  no  person  shall  be  prosecuted,  punished  or  subjected  to  any 
penalty  or  forfeiture,  for  or  on  account  of  any  act,  transaction, 
matter  or  thing,  concerning  which  he  shall  under  oath  have  testi- 
fied or  produced  documentary  evidence;  provided,  however,  that 
no  person  so  testifying  shall  be  exempt  from  prosecution  or  punish- 
ment for  any  perjury  committed  by  him  in  his  testimony.] 

§  It  8.  Rules  governing  hearings.  The  commissioner  or  his 
deputy  or  assistant  duly  designated  therefor  shall  not  be  bound 
by  technical  rules  of  evidence  and  shall  conduct  all  hearings  ac- 
cording to  rules  prescribed  by  the  commissioner. 


438         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

TITLE  IV.     SUBORDINATE  OFFICERS;  POWERS  AND  DUTIES. 

[§  41]55.  [Deputy  commissioners.]  Powers  and  duties  of 
deputies.  Whenever,  in  this  chapter,  authority  is  conferred  upon 
the  commissioner  it  shall,  except  as  to  appointments  and  removals, 
include  his  deputies  or  a  deputy  acting  under  his  direction.  [The 
commissioner  of  labor  shall  forthwith  upon  entering  upon  the 
duties  of  his  office,  appoint  and  may  at  pleasure  remove  two 
deputy  commissioners  of  labor.  The  first  deputy  commissioner 
shall  receive  a  salary  of  five  thousand  dollars  a  year;  the  second 
deputy  commissioner  shall  receive  a  salary  of  four  thousand  five 
hundred  dollars  a  year.] 

During  the  absence  or  disability  of  the  commissioner  [of 
labor,]  the  first  deputy  commissioner  shall  possess  all  the  powers 
and  perform  all  the  duties  of  the  commissioner  except  the  power 
of  appointment  and  removal.  During  the  absence  or  disability 
of  both  the  commissioner  [of  labor]  and  the  first  deputy  com- 
missioner [of  labor,]  the  second  deputy  commissioner  shall  possess 
all  the  powers  and  perform  all  the  duties  of  the  commissioner  ex- 
cept the  power  of  appointment  and  removal.  In  case  of  a  vacancy 
in  the  office  of  commissioner  the  deputy  commissioner  acting  as 
commissioner  shall  have  the  power  of  appointment  and  removal. 
In  addition  to  their  duties  and  powers  as  prescribed  by  the  pro- 
visions of  this  chapter,  the  deputy  commissioners  [of  labor]  shall 
perform  such  other  duties  and  possess  such  other  powers  as  the 
commissioner  [of  labor]  may  prescribe. 

§  |[48]56'.  Duties  of  counsel.  [The  commissioner  of  labor  shall 
appoint  and  may  iat  pleasure  remove  counsel  who  shall  be  an  at- 
torney and  counsellor  at  law  of  the  state  of  New  Tork  to]  The 
counsel  of  the  department  shall  represent  the  department  [of 
labor]  and  [to]  take  charge  of  and  assist  in  the  prosecution  of 
actions  and  proceedings  brought  by  or  on  behalf  of  the  commis- 
sioner [of  labor]  or  the  department  [of  labor],  and  generally 
[to]  shall  act  as  legal  adviser  to  the  commissioner  and  the  in- 
dustrial board.  [Such  counsel  shall  receive  a  salary  of  four  thou- 
sand dollars  a  year.  The  commissioner  of  labor  shall  have  power 
to  appoint  and  at  pleasure  remove  attorneys  and  counsellors  at 
law  to]  The  assistants  to  the  counsel  shall  assist  the  counsel  in  the 
performance  of  his  duties  [who  shall  receive  such  compensation 
as  may  be  provided  by  law]. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         439 
••ARTICLE  4J      TITLE  V.      BUREAU  OF  INSPECTION. 

[Section  53.  Bureau  of  inspection ;  inspector  general ;   divisions. 

54.  Inspectors. 

55.  Division  of  factory  inspection;    factory  inspection 

districts;    chief  factory  inspectors. 

56.  Idem;   general  powers  and  duties. 

57.  Division  of  homework  inspection. 

58.  Division  of  mercantile  inspection. 

59.  Idem ;  general  powers  and  duties. 

60.  Division  of  industrial  hygiene. 

61.  Section  of  medical  inspection.] 

§  [5 3] 60.  Bureau  of  inspection;  [inspector  general;]  divi- 
sions. The  bureau  of  inspection[,  subject  to  the  supervision  and 
direction  of  the  commissioner  of  labor,]  shall  have  charge  of  all 
inspections  made  pursuant  to  the  provisions  of  this  chapter,  [and 
shall  perform  such  other  duties  as  may  be  assigned  to  it  by  the 
commissioner  of  labor.  The  first  deputy  commissioner  of  labor 
shall  be  the  inspector  general  of  the  state,  and  in  charge  of  this 
bureau  subject  to  the  direction  and  supervision  of  the  commis- 
sioner of  labor,  except  that  the  division  of  industrial  hygiene  shall 
be  under  the  immediate  direction  and  supervision  of  the  commis- 
sioner of  labor.  Such]  This  bureau  shall  have  [four]  the 
following  divisions  [as  follows] :  factory  inspection,  mercantile 
inspection,  homework  inspection,  [and]  industrial  hygiene, 
and  [There  shall  be]  such  other  divisions  [in  such  bureau]  as 
the  commissioner  [of  labor]  may  deem  necessary.  [In  addition 
to  their  respective  duties  as  prescribed  by  the  provisions  of  this 
chapter,  such  divisions  shall  perform  such  other  duties  as  may 
be  assigned  to  them  by  the  commissioner  of  labor.] 

§  61.  Inspector  general.  The  first  deputy  commissioner  shall 
be  the  inspector  general,  and  shall  have  charge  of  the  bureau  of 
inspection,  except  that  the  division  of  industrial  hygiene  shall  be 
under  the  immediate  direction  and  supervision  of  the  commis- 
sioner. 

§  [55]##.  [Division  of  factory  inspection;  f]Factory  inspec- 
tion districts;  chief  factory  inspectors.  [For  the  inspection  of 
factories,  t] There  shall  be  two  inspection  districts  to  be  known  as 
the  first  factory  inspection  district  and  the  second  factory  inspec- 
tion district.  The  first  [factory  inspection]  district  shall  include 
the  counties  of  New  York,  Bronx,  Kings,  Queens,  Richmond, 


440         PROPOSED  BECODIFICATION  OF  THE  LABOR  LAW. 

Nassau  and  Suffolk.  The  second  [factory  inspection]  district 
shall  include  all  the  other  counties  of  the  state.  [There  shall  be 
two  chief  factory  inspectors  who  shall  be  appointed  by  the  com- 
missioner of  labor  and  who  may  be  removed  by  him  at  any  time 
and  each  of  whom  shall  receive  a  salary  of  four  thousand  dollars 
a  year.]  The  inspection  of  factories  in  each  [factory  inspec- 
tion] district  shall[,  subject  to  the  supervision  and  direction  of 
the  commissioner  of  labor,]  be  in  charge  of  a  chief  factory  inspec- 
tor assigned  to  such  district  by  the  commissioner  [of  labor.  The 
commissioner  of  labor  may  designate  one  of  the  supervising  in- 
spectors as  assistant  chief  factory  inspector  for  the  first  district, 
and  while  acting  as  such  assistant  chief  factory  inspector  he  shall 
receive  an  additional  salary  of  five  hundred  dollars  per  annum]. 
§  68.  Supervising  factory  inspectors.  The  factory  inspectors  of 
the  fifth  grade  shall  act  as  supervising  inspectors.  The  commis- 
sioner may  designate  one  of  the  supervising  inspectors  as  assistant 
chief  factory  inspector  for  the  first  district,  who  while  so  acting 
shall  receive  additional  compensation  at  the  rate  of  five  hundred 
dollars  a  year. 

§  [56.  Idem;  general  powers  and  duties].  64-  Factory  in- 
spection subdistricts.  [1]  The  commissioner  [of  labor]  shall, 
from  time  to  time,  divide  the  [state]  factory  inspection  districts 
into  subdistricts,  and  assign  one  [factory  inspector  of  the  fifth 
grade  to  each  subdistrict  as]  supervising  inspector  to  each  sub- 
district  ,  and  may  [in  his  discretion]  transfer  [such  super  vising 
inspector]  him  from  one  subdistrict  to  another.  [;  he  shall  from 
time  to  time,  assign  and  transfer  factory  inspectors  to  each  factory 
inspection  district  and  to  any  of  the  divisions  of  the  bureau  of  in- 
spection; he  may  assign  any  factory  inspector  to  inspect  any 
special  class  or  classes  of  factories  or  to  enforce  any  special  pro- 
visions of  this  chapter ;  and  he  may  assign  any  one  or  more  of  them 
to  act  as  clerks  in  any  office  of  the  department. 

2.  The  commissioner  of  labor  may  authorize  any  deputy  com- 
missioner or  assistant  and  any  agent  or  inspector  in  the  depart- 
ment of  labor  to  act  as  a  factory  inspector  with  the  full  power 
and  authority  thereof. 

3.  The  commissioner  of  labor,  the  first  deputy  commissioner  of 
labor  and  his  assistant  or  assistants,  and  every  factory  inspector 
and  every  person  duly  authorized  pursuant  to  sub-division  two 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         441 

of  this  section  may,  in  the  discharge  of  his  duties,  enter  any  place, 
building  or  room  which  is  affected  by  the  provisions  of  this  chapter 
and  may  enter  any  factory  whenever  he  may  have  reasonable  cause 
to  believe  that  any  labor  is  being  performed  therein. 

4.  The  commissioner  of  lahri  shall  visit  and  inspect  or  cause  to 
be  visited  and  inspected  the  factories,  during  reasonable  hours, 
as  often  as  practicable,  and  shall  cause  the  provisions  of  this  chap- 
ter and  the  rules  and  regulations  of  the  industrial  board  to  be  en- 
forced therein. 

5.  Any  lawful  municipal  ordinance,  by-law  or  regulation  relat- 
ing to  factories,  in  addition  to  the  provisions  of  this  chapter  and 
not  in  conflict  therewith,  may  be  observed  and  enforced  by  the  com- 
missioner of  labor.] 

§  65.  Special  factory  inspectors.  The  commissioner  may  afr 
thorize  any  deputy  commissioner  or  assistant  and  any  agent  or 
inspector  in  the  department  to  act  as  a  factory  inspector. 

§  66.  Assignment  of  factory  inspectors.  The  commissioner 
shall,  from  time  to  time,  assign  the  factory  inspectors  to  the  sev- 
eral factory  inspection  districts  and  divisions  of  the  bureau  of  in- 
spection and  may  transfer  them  from  one  to  another  of  such  dis- 
tricts and  divisions  and  may  assign  them  to  uny  division  or  bureau 
of  the  department.  He  may  assign  any  factory  inspector  to  in- 
spect any  special  class  of  factories  or  to  enforce  any  special  pro- 
visions of  this  chapter,  or  to  act  as  clerics  in  any  office  of  the  de- 
partment. 

§  [5 8] 6 7.  Division  of  mercantile  inspection.  The  division 
of  mercantile  inspection  shall  be  under  the  immediate  charge  of 
the  chief  mercantile  inspector  [but  subject  to  the  direction  and 
supervision  of  the  commissioner  of  labor.  The  chief  mercantile 
inspector  shall  be  appointed  and  be  at  pleasure  removed  by  the 
commissioner  of  labor,  and  shall  receive  such  annual  salary  not 
to  exceed  three  thousand  dollars  as  may  be  appropriated  therefor]. 

§  [59]6£.  [Idem;  general  powers  and  duties.  1.]  Mercan- 
tile inspection  districts.  The  commissioner  [of  labor]  may  di- 
vide the  [cities  of  the  first  and  second  class  of  the]  state  into 
mercantile  inspection  districts,  and  assign  one  or  more  mer- 
cantile inspectors  to  each  [such]  district,  and  may  [in  his  dis- 
cretion] transfer  them  from  one  [such]  district  to  another.  [ ;  he 


442         PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

may  assign  any  of  them  to  inspect  any  special  class  or  classes  of 
mercantile  or  other  establishments  specified  in  article  twelve  of 
this  chapter,  situated  in  cities  of  the  first  and  second  class,  or  to 
enforce  in  cities  of  the  first  or  second  class  any  special  provision 
of  such  article. 

2.  The  commissioner  of  labor  may  authorize  any  deputy  com- 
missioner or  assistant  and  any  agent  or  inspector  in  the  depart- 
ment of  labor  to  act  as  a  mercantile  inspector  with  full  power  and 
authority  thereof. 

3.  The  commissioner  of  labor,  the  chief  mercantile  inspector 
and  his  assistant  or  assistants  and  every  mercantile  inspector  or 
acting  mercantile  inspector  may  in  the  discharge  of  his  duties 
enter  any  place,  building  or  room  in  cities  of  the  first  or  second 
class  which  is  affected  by  the  provisions  of  article  twelve  of  this 
chapter,   and  may  enter  any  mercantile  or  other  establishment 
specified  in  said  article,  situated  in  the  cities  of  the  first  or  second 
class,  whenever  he  may  have  reasonable  cause  to  believe  that  it  is 
affected  by  the  provisions  of  article  twelve  of  this  chapter. 

4.  The  commissioner  of  labor  shall  visit  and  inspect  or  cause 
to  be  visited  and  inspected  the  mercantile  and  other  establishments 
specified  in  article  twelve  of  this  chapter  situated  in  cities  of  the 
first  and  second  class,  as  often  as  practicable,  and  shall  cause  the 
provisions  of  said  article  and  the  rules  and  regulations  of  the  in- 
dustrial board  to  be  enforced  therein. 

5.  Any  lawful  municipal  ordinance,  by-law  or  regulation  relat- 
ing to  mercantile  or  other  establishments  specified  in  article  twelve 
of  this  chapter,  in  addition  to  the  provisions  of  this  chapter  and  not 
in  conflict  therewith,  may  be  enforced  by  the  commissioner  of  labor 
in  cities  of  the  first  and  second  class.] 

§  69.  Special  mercantile  inspectors.  The  commissioner  may 
authorize  any  deputy  commissioner  or  assistant  and  any  agent  or 
inspector  in  the  department  to  act  as  a  mercantile  inspector. 

§  70.  Assignment  of  mercantile  inspectors.  The  commissioner 
may  assign  any  mercantile  inspector  to  inspect  any  special  class 
of  mercantile  or  other  establishments  except  factories  specified  in 
section  one  hundred  and  five  or  to  enforce,  uny  special  provision 
of  this  chapter  applicable  thereto.  He  may  also  assign  any  mer- 
cantile inspector  to  any  division  or  ~bureau\  of  the  department. 


PROPOSED  RECOPJFICATION  OF  THE  LABOR  LAW.         443 

§  [5 7]  71.  Division  of  home  work  inspection.  [The  division 
of  homework  inspection  shall  be  in  charge  of  an  officer  or  employee 
of  the  department  of  labor  designated  by  the  commissioner  of  labor 
and  shall,  subject  to  the  supervision  and  direction  of  the  commis- 
sioner of  labor,  have  charge  of  all  inspections  of  tenement  houses 
and  of  labor  therein  and  of  all  work  done  for  factories  at  places 
other  than  such  factories.]  The  division  of  homework  inspection 
shall  have  charge  of  all  inspections  of  tenement  houses  and  of  labor 
therein  and  of  all  work  done  for  factories  at  places  other  than  such 
factories,  and  shall  be  in  charge  of  an  officer  or  employee  of  the 
department  designated  by  the  commissioner. 

§  [60] 72.  Division  of  industrial  hygiene.  [The  inspectors  of 
the  seventh  grade  shall  constitute  the  division  of  industrial  hy- 
giene, which  shall  be  under  the  immediate  charge  of  the  commis- 
sioner of  labor.  The  commissioner  of  labor  may  select  one  of  the 
inspectors  of  the  seventh  grade  to  act  as  the  director  of  such  divi- 
sion, and  such  director  while  acting  in  that  capacity  shall  receive 
an  additional  compensation  of  five  hundred  dollars  a  year.]  The 
factory  inspectors  of  the  seventh  grade  shall  be  members  of  and 
shall  constitute  the  division  of  industrial  hygiene.  The  commis- 
sioner may  select  one  of  the  members  to  be  director  of  the  division 
who,  while  so  acting,  shall  receive  additional  compensation  at  the 
rate  of  five  hundred  dollars  a  year.  The  factory  inspectors  of  the 
fourth  grade  shall  be  attached  to  this  division  and  shall  act  as  in- 
vestigators therein.  The  members  of  the  division  [of  industrial 
hygiene]  shall  make  special  inspections  of  factories,  mercantile  es- 
tablishments and  other  places  subject  to  the  provisions  of  this  chap- 
ter, [throughout  the  state,  and]  shall  conduct  special  investiga- 
tions of  industrial  processes  and  conditions,  and  shall  prepare 
material  for  leaflets  and  bulletins  calling  attention  ta  dangers  in 
particular  industries  and  the  precautions  to  be  taken  to  avoid 
them,  [and  shall  perform  such  other  duties  and  render  such  other 
services  as  may  be  required  by  the  commissioner  of  labor.] 
[t]The  commissioner  [of  labor]  shall  submit  to  the  indus- 
trial board  the  recommendations  of  the  division  regarding  pro- 
posed rules  [and  regulations]  and  standards  to  be  adopted  to 
carry  into  effect  the  provisions  of  this  chapter  and  shall  advise 
[[said]  the  board  concerning  the  operation  of  such  rules  and 
standards  and  as  to  any  changes  or  modifications  to  be  made 
therein.  [The  members  of  such  division  shall  prepare  material 


444         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

for  leaflets  and  bulletins  calling  attention  to  dangers  in  particular 
industries  and  the  precautions  to  be  taken  to  avoid  them  and  shall 
perform  such  other  duties  and  render  such  other  services  as  may 
be  required  by  the  commissioner  of  labor.]  The  director  [of  such 
division]  shall  make  an  annual  report  to  the  commissioner  [of 
labor  of  the  operation  of  the  division],  to  which  may  be  attached 
the  individual  reports  of  each  member  of  the  division  [as  above 
specified,  and  same  shall  be  transmitted  to  the  legislature  as  part 
of  the  annual  report  of  the  commissioner  of  labor]. 

§  [61]  73.  Section  of  medical  inspection.  The  factory  in- 
spectors of  the  sixth  grade  shall  act  as  medical  inspectors  and  shall 
constitute  the  section  of  medical  inspection.  The  factory  inspector 
of  the  seventh  grade  who  is  a  physician,  shall  be  the  chief  medical 
inspector,  and  shall  have  charge  of  this  section,  [which  shall,] 
subject  to  the  supervision  and  direction  of  the  director  of  the 
division  of  industrial  hygiene  [be  under  the  immediate  charge 
of  the  chief  medical  inspector].  The  section  of  medical  inspection 
shall  inspect  factories,  mercantile  establishments  and  other  places 
subject  to  the  provisions  of  this  chapter  [throughout  the  state] 
with  respect  to  conditions  of  work  affecting  the  health  of  persons 
employed  therein  and  shall  have  charge  of  the  physical  examina- 
tion and  medical  supervision  of  all  children  employed  therein 
[and  shall  perform  such  other  duties  and  render  such  other  serv- 
ices as  the  commissioner  of  labor  may  direct]. 

PARTICLE   5/1      TITLE   VI.      BUREAU   OF    STATISTICS   AND   INFOR 

MATION. 

[Section  62.  Bureau  of  statistics  and  information. 

63.  Divisions;   duties  and  powers. 

64.  Information  to  be  furnished  upon  request. 

65.  Industrial  poisoning  to  be  reported.] 

§  [6 2] 75.  Bureau  of  statistics  and  information;  divisions. 
[The  bureau  of  statistics  and  information  shall  be  under  the  im- 
mediate charge  of  a  chief  statistician,  but  subject  to  the  direction 
and  supervision  of  the  commissioner  of  labor. 

§  63.  Divisions ;  duties  and  powers.  1.  The  bureau  of  statis- 
tics and  information  shall  have  five  divisions  as  follows:  general 
labor  statistics;  industrial  directory;  industrial  accidents  and  dis- 
eases; special  investigations;  and  printing  and  publication. 
There  shall  be  such  other  divisions  in  such  bureau  as  the  commis- 
sioner of  labor  may  deem  advisable.  Each  of  the  said  divisions 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         445 

shall,  subject  to  the  supervision  and  direction  of  the  commissioner 
of  labor  and  of  the  chief  statistician,  be  in  charge  of  an  officer  or 
employee  of  the  department  of  labor  designated  by  the  commis- 
sioner of  labor;  and  each  of  the  said  divisions,  in  addition  to  the 
duties  prescribed  in  this  chapter,  shall  perform  such  other  duties 
as  may  be  assigned  to  it  by  the  commissioner  of  labor. 

2.  The  division  of  general  labor  statistics  shall  collect,  and  pre- 
pare statistics  and  general  information  in  relation  to  conditions 
of  labor  and  the  industries  of  the  state. 

3.  The  division  of  industrial  directory  shall  prepare  annually 
an  industrial  directory  for  all  cities  and  villages  having  a  popula- 
tion of  one  thousand  or  more  according  to  the  last  preceding  fed- 
eral census  or  state  enumeration.     Such  directory  shall  contain 
information  regarding  opportunities  and  advantages  for  manufac- 
turing in  every  such  city  or  village,   the  factories   established 
therein,  hours  of  labor,  housing  conditions,  railroad  and  water  con- 
nections, water  power,  natural  resources,  wages  and  such  other 
data  regarding  social,  economic  and  industrial  conditions  as  in  the 
judgment  of  the  commissioner  would  be  of  value  to  prospective 
manufacturers,  and  their  employees.     If  a  city  is  divided  into 
boroughs  the  directory  shall  contain  such  information  as  to  each 
borough. 

4.  The  division  of  industrial  accidents  and  diseases  shall  col- 
lect and  prepare  statistical  details  and  general  information  regard- 
ing industrial  and  occupational  diseases,  their  causes  and  effects, 
and  methods  of  preventing,  curing  and  remedying  them,  and  of 
providing  compensation  therefor. 

5.  The  division  of  special  investigations  shall  have  charge  of 
all  investigations  and  research  work  relating  to  economic  and  social 
conditions  of  labor  conducted  by  such  bureau. 

6.  The  division  of  printing  and  publication  shall  print,  publish 
and  disseminate  in  such  manner  and  to  such  extent  as  the  com- 
missioner of  labor  shall  direct,  such  information  and  statistics  as 
the  commissioner  of  labor  may  direct  for  the  purpose  of  promoting 
the  health,  safety  and  well  being  of  persons  employed  at  labor. 

7.  The  commissioner  of  labor  may  subpoena  witnesses,  take  and 
hear  testimony,  take  or  cause  to  be  taken  depositions  and  admin- 
ister oaths.]     The  bureau  of  statistics  and  information  shall  be 
under  the  immediate  charge  of  the  chief  statistician.    This  bureau 


446         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.   • 

shall  have  the  following  divisions:  general  labor  statistics;  in- 
dustrial directory;  industrial  accidents  and  diseases;  special  in- 
vestigations; printing  and  publication,  and  such  other  divisions 
as  the  commissioner  may  deem  advisable.  Each  division  shall, 
subject  to  the  supervision  and  direction  of  the  chief  statistician, 
be  in  charge  of  an  officer  or  employee  of  the  department  desig- 
nated by  the  commissioner. 

§  76.  Powers  and  duties  of  divisions.  1.  General  labor  statistics. 
The  division  of  general  labor  statistics  shall  collect  and  prepare 
statistics  and  general  information  in  relation  to  conditions  of  labor 
and  the  industries  of  the  state. 

2.  Industrial  directory.     The  division  of  industrial  directory 
shall  prepare  annually  an  industrial  directory  for  all  cities  and 
villages  having  a  population  of  one  thousand  or  more  according 
to  the  last  preceding  federal  census  or  state  enumeration.     Such 
directory  shall  contain  information  regarding  opportunities  and 
advantages  for  manufacturing  in  every  such  city  or  village,  the 
factories  established  therein,  hours  of  labor,  housing  conditions, 
railroad  and  water  connections,  water  power,  natural  resources, 
wages  and  such  other  data  regarding  social,  economic  and  indus- 
trial conditions  as  in  the  judgment  of  the  commissioner  would  l^e 
of  value  to  prospective  manufacturers,  and  their  employees.     If 
a  city  is  divided  into  boroughs  the  directory  shall  contain  such 
information  as  to  each  borough. 

3.  Industrial  accidents  and  diseases.     The  division  of  indus- 
trial accidents  and  diseases  shall  collect  and  prepare  statistical 
details  and  general  information  regarding  industrial  accidents 
and  occupational  diseases,  their  causes  and  effects,  and  methods 
of  preventing,   curing  and  remedying   them,  and   of  providing 
compensation  for  disability  or  death  resulting  from  them. 

4-  Special  investigations.  The  division  of  special  investigations 
shall  have  charge  of  all  investigations  and  research  work  relating 
to  economic  and  social  conditions  of  labor. 

5.  Printing  and  publication.  The  division  of  printing  and 
publication  shall  print,  publish  and  disseminate  such  information 
and  statistics  as  the  commissioner  may  direct  for  the  purpose  of 
promoting  the  health,  safety  and  well  being  of  employees. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         447 

••ARTICLE  10.-1     TITLE  VII.    BUREAU  OF  MEDIATION  AND  ARBITRA- 
TION. 

[Section  140.  Chief  mediator. 

141.  Mediation  and  investigation. 

142.  Board  of  mediation  and  arbitration. 

143.  Arbitration  by  the  board. 

144.  Decisions  of  board. 

145.  Annual  report. 

146.  Submission  of  controversies  to  local  arbitrators. 

147.  Consent;  oath;  powers  of  arbitrators. 

148.  Decision  of  arbitrators.] 

§  [140]£0.  [Chief  mediator]  Bureau  of  mediation  and  arbi- 
tration. [There  shall  continue  to  be  a  bureau  of  mediation  and 
arbitration.]  The  second  deputy  commissioner  [of  labor]  shall 
be  the  chief  mediator  [of  the  state]  and  in  immediate  charge  of 
the  bureau  of  mediation  und  arbitration  [this  bureau,  but  subject 
to  the  supervision  and  direction  of  the  commissioner  of  labor], 

§  81.  Board  of  mediation  and  arbitration.  There  shall  be  a 
state  board  of  mediation  and  arbitration,,  which  shall  consist  of 
the  chief  mediator  and  two  other  officers  of  the  department  to  be 
from  time  to  time  designated  by  the  commissioner.  The  chief 
mediator  when  present  shall  be  chairman  of  the  board. 

§  [141]#£.  Mediation  and  investigation.  Whenever  a  strike 
or  lockout  occurs  or  is  seriously  threatened  an  officer  or  agent  of 
the  bureau  of  mediation  and  arbitration  shall,  if  practicable,  pro- 
ceed promptly  to  the  locality  thereof  and  endeavor  by  mediation 
to  effect  an  amicable  settlement  of  the  controversy.  If  the  com- 
missioner [of  labor]  deems  it  advisable  the  board  of  mediation 
and  arbitration  may  proceed  to  the  locality  and  inquire  into  the 
cause  of  an  existing  or  threatened  strike  or  lockout  [thereof] 
and  for  that  purpose  shall  have  all  the  powers  conferred  upon  it 
in  the  case  of  a  controversy  submitted  to  it  for  arbitration. 

§  [142]5$.  [Board  of  mediation  and  arbitration.]  Proced- 
ure of  board.  [There  shall  continue  to  be  a  state  board  of  media- 
tion and  arbitration,  which  shall  consist  of  the  chief  mediator  and 
two  other  officers  of  the  department  of  labor  to  be  from  time  to 
time  designated  by  the  commissioner  of  labor.  The  chief  media- 
tor when  present  shall  be  chairman  of  the  board.]  Two  members 
of  [such]  the  state  board  of  mediation  and  arbitration  [board] 


448         PROPOSED  EECODIFICATION  OF  THE  LABOR  LAW. 

shall  constitute  a  quorum  for  the  transaction  of  business,  and  may 
hold  meetings  at  any  time  [or]  and  at  any  place  within  the  state. 
Examinations  or  investigations  ordered  by  the  board  may  be  held 
by  and  taken  [by  and]  before  any  of  [their  number,]  its  members 
if  so  directed,  but  a  decision  rendered  in  such  a  case  shall  not  be 
deemed  [conclusive]  final  until  approved  by  the  board. 

§  [143]  £.4.  Arbitration  by  the  board.  A  [grievance  or  dis- 
pute] controversy  between  an  employer  and  his  employees  may  be 
submitted  to  the  board  of  arbitration  and  mediation  for  [their] 
its  determination  and  settlement.  [Such]  The  submission  shall 
be  by  written  statement  containing  (a)  a  detailed  description  of 
[in  writing,  and  contain  a  statement  in  detail  of]  the  [grievance 
or  dispute]  controversy  and  the  cause  thereof,  and  (b)  [also]  an 
agreement  to  abide  the  determination  of  the  board,  and  to  con- 
tinue in  business  or  at  work  during  the  investigation  [without  a 
lockout  or  strike].  Upon  such  submission,  the  board  shall  ex- 
amine the  matter  in  controversy.  For  the  purpose  of  [such]  the 
inquiry  [they]  it  may  subpoena  witnesses,  compel  their  attend- 
ance, take  and  hear  testimony,  and  call  for  and  examine  books, 
papers  and  documents  of  any  parties  to  the  controversy.  Sub- 
poenas shall  be  issued  by  the  chairman  under  the  seal  of  the  de- 
partment [of  labor].  Witnesses  shall  be  allowed  the  same  fees 
as  in  courts  of  record.  [The  decision  of  the  board  must  be 
rendered  within  ten  days  after  the  completion  of  the  investiga- 
tion.] 

§  [144]55.  Decisions  of  board.  Within  ten  days  after  the 
[completion  of  every  arbitration]  close  of  the  inquiry,  the  board 
or  a  majority  thereof  shall  render  a  decision,  stating  such  details 
as  [will]  clearly  show  the  nature  of  the  controversy  and  the 
[]points  disposed  of  by  them]  questions  decided,  [and  make  a 
written  report  of]  their  findings  of  fact  and  [of]  their  recom- 
mendations [to  each  party  of  the  controversy].  Every  decision 
[and  report]  shall  be  filed  in  the  office  of  the  board  and  a  copy 
thereof  served  upon  each  party  to  the  controversy. 

[§  145.  Annual  report.  The  commissioner  of  labor  shall  make 
an  annual  report  to  the  legislature  of  the  operations  of  this 
bureau.] 

§  [146]&6>.  Submission  of  controversies  to  local  arbitrators. 
A  [grievance  or  dispute]  controversy  between  an  employer  and 


PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW.         449 

his  employees  may  be  submitted  to  a  board  of  arbitrators,  con- 
sisting of  three  persons,  for  hearing  and  settlement.  One  arbi- 
trator shall  be  appointed  by  the  employer  and  one  by  the  em- 
ployees. The  two  so  designated  shall  appoint  a  third,  who  shall 
be  chairman  of  the  board.  [When]  //  the  employees  concerned 
are  members  in  good  standing  of  a  labor  organization,  [one]  the 
arbitrator  to  represent  them  may  be  appointed  by  such  organiza- 
tion [and  one  by  the  employer].  If  such  employees  are  not 
members  of  a  labor  organization,  a  majority  thereof  at  a  meeting 
duly  called  for  that  purpose  may  designate  [one]  the  arbitrator 
to  represent  them  [for  such  board]. 

§  [147]57.  Consent;  oath;  powers  of  arbitrators.  Before 
entering  upon  his  duties,  each  arbitrator  so  selected  shall  sign  a 
consent  to  act,  and  take  and  subscribe  an  oath  to  faithfully  and 
impartially  discharge  his  duties  [as  such  arbitrator],  which  con- 
sent and  oath  shall  be  filed  in  the  clerk's  office  [of]  in  the  county 
or  counties  where  the  controversy  arose.  [When  such  board  is 
ready  for  the  transaction  of  business,  it]  The  board  shall  select 
one  of  its  members  to  act  as  secretary,  and  notice  of  the  time  and 
place  of  hearing  shall  be  given  to  the  parties  to  the  controversy. 
The  board  may,  through  its  chairman,  subpoena  witnesses,  compel 
their  attendance  and  take  and  hear  testimony.  The  board  may 
make  and  enforce  rules  governing  [for  its  government  and]  the 
transaction  of  the  business  before  it,  and  fix  its  sessions  and 
adjournments. 

§  [148]£S.  Decisions  of  arbitrators.  [The  board  shall 
w]TFithin  ten  days  after  the  close  of  the  [hearing]  inquiry,  the 
board  shall  render  a  [written]  decision  signed  by  each  member 
[them  giving]  stating  such  details  as  clearly  show  the  nature 
of  the  controversy  and  the  questions  decided  by  them.  One  copy 
of  the  decision  shall  be  filed  in  the  clerk's  office  [of  the  clerk  of] 
in  the  county  or  counties  where  the  controversy  arose  and  one 
copy  shall  be  transmitted  to  the  bureau  of  mediation  and  arbitra- 
tion, and  a  copy  served  u,pon  each  party  to  the  controversy. 


450         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 


PARTICLE     ll.j      TITLE     VIII.        BUREAU     OF     INDUSTRIES     AND 

IMMIGRATION. 

[Section  151.  Bureau  of  industries  and  immigration. 

152.  Special  investigators. 

153.  General  powers  and  duties. 

154.  Proceedings  before  the  commissioner  of  labor. 

155.  Registration  and  reports  of  employment  agencies. 

156.  The  licensing  and  regulation  of  immigrant  lodging 

places. 
156-a.  Reports.] 

§  [151]P0.  Bureau  of  industries  and  immigration.  The[re 
shall  be  a]  bureau  of  industries  and  immigration^  which]  shall 
be  under  the  immediate  charge  of  |[a]  the  chief  investigator,  [but 
subject  to  the  supervision  and  direction  of  the  commissioner  of 
labor. 

§  152.  Special  investigators.  The  commissioner  of  labor  may 
appoint  from  time  to  time  such  number  of  special  investigators 
and  such  other  assistants  as  may  be  necessary  to  carry  into  effect 
the  powers  of  the  said  bureau  herein  denned,  who  may  be  removed 
by  him  at  any  time.  The  special  investigators  may  be  divided 
into  two  grades.  Each  special  investigator  of  the  first  grade  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars,  and  each  of 
the  second  grade  an  annual  salary  of  twelve  hundred  dollars.] 

§  [153J0.I.  General  powers  and  duties.  [The  commissioner 
of  labor  shall  have  the  power  to  make  full  inquiry,  examination 
and  investigation  into  the  condition,  welfare  and  industrial  oppor- 
tunities of  all  aliens  arriving  and  being  within  the  state.  He 
shall  also  have  power  to  collect  information  with  respect  to  the 
need  and  demand  for  labor  by  the  several  agricultural,  industrial 
and  other  productive  activities,  including  public  works  throughout 
the  state;  to  gather  information  with  respect  to  the  supply  of 
labor  afforded  by  such  aliens  as  shall  from  time  to  time  arrive  or 
be  within  the  state;  to  ascertain  the  occupations  for  which  such 
aliens  shall  be  best  adapted,  and  to  bring  about  intercommunica- 
tion between  them  and  the  several  activities  requiring  labor  which 
will  best  promote  their  respective  needs;  to  investigate  and  deter- 
mine the  genuineness  of  any  application  for  labor  that  may  be 
received  and  the  treatment  accorded  to  those  for  whom  employ- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         451 

ment  shall  be  secured;  to  co-operate  with  the  employment  and 
immigration  bureaus  conducted  under  authority  of  the  federal 
government,  or  by  the  government  of  any  other  state,  and  with 
public  and  philanthropic  agencies  designed  to  aid  in  the  distribu- 
tion and  employment  of  labor;  and  to  devise  and  carry  out  such 
other  suitable  methods  as  will  tend  to  prevent  or  relieve  congestion 
and  obviate  unemployment. 

2.  The  commissioner  of  labor  shall  procure  with  the  consent 
of  the  federal  authorities  complete  lists  giving  the  names,  ages, 
and  destination  within  the  state  of  all  alien  children  of  school  age, 
and  such  other  facts  as  will  tend  to  identify  them  and  shall  forth- 
with deliver  copies  of  such  lists  to  the  commissioner  of  education 
or  the  several  boards  of  education  and  school  boards  in  the  respec- 
tive localities  within  the  state  to  which  said  children  shall  be 
destined,  to  aid  in  the  enforcement  of  the  provisions  of  the  educa- 
tion law  relative  to  the  compulsory  attendance  at  school  of  chil- 
dren of  school  age. 

3.  The  commissioner  of  labor  shall  further  co-operate  with  the 
commissioner  of  education  and  with  the  several  boards  of  educa- 
tion and  school  commissioners  in  the  state  to  ascertain  the  neces- 
sity for  and  the  extent  to  which  instruction  should  be  imparted 
to  aliens  within  the  state;  to  devise  methods  for  the  proper  in- 
struction of  adult  and  minor  aliens  in  the  English  language  and 
other  subjects,  and  in  respect  to  the  duties  and  rights  of  citizen- 
ship and  the  fundamental  principles  of  the  American  system  of 
government;  and  may  establish  and  supervise  classes  and  other- 
wise further  their  education. 

4.  The  commissioner  of  labor  may  enter  and  inspect  all  labor 
camps  within  the  state,  and  any  camp  which  he  may  have  reason- 
able cause  to  believe  is  a  labor  camp;  and  shall  inspect  all  em- 
ployment  and   contract   labor    agencies    dealing  with   aliens,    or 
whenever  he  may  have  reasonable  cause  to  believe  that  such  em- 
ployment or  contract  labor  agencies   deal  with   aliens;   or  who 
secure  or  negotiate  contracts  for  their  employment  within  the 
state;   shall  inspect  all  immigrant  lodging  places  or  all  places 
where  he  has  reasonable  cause  to  believe  that  aliens  are  received, 
lodged,  boarded  or  harbored;  shall  co-operate  with  other  public 
authorities,  to  enforce  all  laws  applicable  to  private  bankers  deal- 
ing with  aliens  and  laborers;  secure  information  with  respect  to 
such  aliens  who  shall  be  in  prisons,  almshouses  and  insane  asylums 
of  the  state,  and  who  shall  be  deportable  under  the  laws  of  the 
United  States  and  co-operate  with  the  federal  authorities  and  with 


452         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

such  officials  of  the  state  having  jurisdiction  over  such  criminals, 
paupers  and  insane  aliens  who  shall  be  confined  as  aforesaid,  so 
as  to  facilitate  the  deportation  of  such  persons  as  shall  come 
within  the  provisions  of  the  aforesaid  laws  of  the  United  States, 
relating  to  deportation;  shall  investigate  and  inspect  institutions 
established  for  the  temporary  shelter  and  care  of  aliens,  and  such 
philanthropic  societies  as  shall  be  organized  for  the  purpose  of 
securing  employment  for  or  aiding  in  the  distribution  of  aliens, 
and  the  methods  by  which  they  are  conducted. 

5.  The  commissioner  of  labor  shall  investigate  conditions  pre- 
vailing at  the  various  places  where  aliens  are  landed  within  this 
state,  and  at  the  several  docks,  ferries,  railway  stations  and  on 
trains  and  boats  therein,  and  in  co-operation  with  the  proper 
authorities,  afford  them  protection  against  frauds,  crimes  and 
exploitation ;  shall  investigate  any  and  all  complaints  with  respect 
to  frauds,  extortion,  incompetency  and  improper  practices  by 
notaries  public,  interpreters  and  other  public  officials,  or  by  any 
other  person  or  by  any  corporation,  whether  public  or  pri- 
vate, and  present  to  the  proper  authorities  the  results 
of  such  investigation  for  action  thereon;  shall  investigate 
and  study  the  general  social  conditions  of  aliens  within 
this  state,  for  the  purpose  of  inducing  remedial  action  by 
the  various  agencies  of  the  state  possessing  the  requisite  jurisdic- 
tion; and  shall  generally,  in  conjunction  with  existing  public  and 
private  agencies,  consider  and  devise  means  to  promote  the  wel- 
fare of  the  state.]  The  bureau  of  industries  and  immigration  shall: 

1.  Investigate  conditions  prevailing  at  all  docks,  ferries,  rail- 
way stations  and  other  places,  where  aliens  arrive  or  depart,  and 
also  on  boats  and  trains,  and,  in  co-operation  with  the  proper 
authorities,  afford  such,  aliens  protection  against  frauds,  crimes 
and  exploitation;  investigate  all  complaints  with  respect  to 
frauds,  extortion,  incompetency,  improper  practices  by  notaries 
public,  interpreters  and  other  public  officials,  or  by  any  other 
person  or  by  any  corporation,  whether  public  or  private,  and  pre- 
sent to  the  proper  authorities  the  results  of  such  investigation  for 
action  thereon;  investigate  and  inspect  labor  camps;  investigate 
and  inspect  institutions  established  for  the  temporary  shelter  and 
care  of  aliens;  investigate  and  inspect  philanthropic  societies  and 
other  agencies  organized  for  the  purpose  of  aiding  in  the  distribu- 
tion and  employment  of  aliens;  investigate  the  general  social  con- 
dition and  welfare  of,  and  industrial  opportunities  for,  all  aliens 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         453 

arriving  or  residing  within  the  state  and,  in  conjunction  with 
existing  public  and  private  agencies,  consider  and  devise  means 
to  promote  the  public  welfare. 

2.  Collect  information  from  prisons,   insane   asylums,   alms- 
houses  and  from  other  sources  with  respect  to  deportable  aliens 
and  co-operate  with  the  federal  authorities  and  the  officials  hav- 
ing jurisdiction  over  such  aliens  so  as  to  facilitate  the  deporta- 
tion of  such  aliens. 

3.  Co-operate  with  the  public  authorities  charged  with  the  duty 
of  enforcing  laws  applicable  to  private  bankers  dealing  with  aliens 
and  laborers;  co-operate  with  the  contimissioner  of  education  and 
the  several  school  authorities  to  ascertain  the  extent  to  which  in- 
struction should  be  imparted  to  adult  and  minor  aliens  within 
the  state  and  to  devise  methods  for  the  proper  instruction  of  such 
aliens  and  may   establish  and  supervise   classes  for  the   educa- 
tion of  aliens;  co-operate  with  public  and  philanthropic  employ- 
ment und  immigration  bureaus  and  devise  and  carry  out  suitable 
methods  for  aiding  in  the  distribution  and  employment  of  aliens. 

4-  Collect  information  with  respect  to  the  demand  for  labor 
throughout  the  state,  and  with  respect  to  the  supply  of  labor 
afforded  by  aliens;  ascertain  the  occupations  for  which  the  aliens 
are  best  adapted  and  bring  about  communication  between  aliens 
and  persons  desiring  laborers;  and  ascertain  the  genuineness  of 
any  application  for  labor  and  the  treatment  accorded  to  the  aliens 
for  whom  employment  is  secured. 

ARTICLE  [2]  3. 

GENERAL  PROVISIONS. 

[Section  3.  Hours  to  constitute  a  day's  work. 

4.  Violations  of  the  labor  law. 

5.  Hours  of  labor  in  brickyards. 

6.  Hours  of  labor  on  street  surface  and  elevated  rail- 

roads. 

7.  Regulation  of  hours  of  labor  on  steam  surface  and 

other  railroads. 

8.  Regulation  of  hours  of  labor  of  block  system  tele- 

graph and  telephone  operators  and  signalmen  on 
surface,  subway  and  elevated  railroads. 
8a.  One  day  of  rest  in  seven. 

9.  Payment  of  wages  by  receivers. 


4:54         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

10.  Cash  payment  of  wages. 

11.  When  wages  are  to  be  paid. 

12.  Penalty  for  violation  of  preceding  section. 

13.  Assignment  of  future  wages. 

14.  Preference  in  employment  of  persons  upon  public 

works. 

15.  Labels,  brands  and  marks  used  by  labor  organiza- 

tions. 

16.  Illegal  use  of'  labels,  brands  and  marks,  a  misde- 

meanor; injunction  proceedings. 

17.  Seats  for  female  employees. 

18.  Scaffolding  for  use  of  employees. 

19.  Inspection  of  scaffolding,  ropes,  blocks,  pulleys  and 

tackles  in  cities. 

20.  Protection    of   persons   employed    on   buildings    in 

cities. 

20 a.  Accidents  to  be  reported. 
2 Ob.  Protection  of  employees. 
20c.  Switchboards  to  be  protected. 

21.  Commissioner   of    labor    to    enforce    provisions    of 

article. 

22.  Physical  examination  of  employees. 
22.     Duties  relative  to  apprentices.] 

Section  95.   General  duty  to  protect  health  and  safety  c]  employees. 

96.  Protection  of  employees  at  switchboards. 

97.  Prohibition  against   eating  meals  in  certain   work- 

rooms. 

98.  Registration  of  places  of  employment. 

99.  Employers'  report  of  accidents  to  employees. 

100.  Physicians'  report  of  industrial  poisonings. 

101.  Laws  to  be  posted. 

102.  Labels,  brands  and  marks  used  by  labor  organizations. 

103.  Illegal  use  of  labels,  brands  and  marks;  injunction 

proceedings. 

§  [20-b.]  95.  [Protection  of  employees.]  General  duty  to  pro- 
tect health  and  safety  of  employees.  All  [factories,  factory  build- 
ings, mercantile  establishments  and  other]  places  to  which  this 
chapter  [is  applicable,]  applies  shall  be  so  constructed,  equipped, 
arranged,  operated  and  conducted  [in  all  respects]  as  to  provide 
reasonable  and  adequate  protection  to  the  lives,  health  and  safety 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         455 

of  all  persons  employed  therein  or  frequenting  the  same.  The 
industrial  board  shall  [from  time  to  time]  make  '[such]  rules 
[and  regulations  as  will]  to  carry  into  effect  the  provisions  of 
this  section. 

§  [20-b.]  96.  [Switchboards  to  he  protected.]  Protection  of  em- 
ployees at  switchboards.  [All  buildings  having  installed  therein 
a]  At  every  switchboard  of  two  hundred  and  twenty  or  more  volts 
[or  over  shall  have,  on  the  floor  or  upon  such  platform  or  other 
standing  place  as  the  switchboard  may  be  located  or  attached,] 
there  shall  be  maintained  [a  rubber]  an  insulating  mat  the  length 
of  the  switchboard  and  of  sufficient  width  and  so  placed  as  to  allow 
a  person  to  stand  or  walk  [or  stand]  thereon  while  working  at  the 
switchboard  or  making  tests. 

§  [89-a.]  97.  Prohibition  against  eating  meals  in  certain  work- 
rooms. No  employee  shall  take  or  be  permitted  to  take  any  food 
into  a  room  [or  apartment]  in  a  factory,  or  mercantile  establish- 
ment, [mill  or  workshop,  commercial  institution  or  other  estab- 
lishment or  working  place]  where  lead,  arsenic  or  other  poisonous 
substances  or  injurious  or  noxious  fumes,  dust  or  gases  exist  in 
harmful  conditions  or  are  present  in  harmful  quantities,  [as  an 
incident  or  result  of  the  business  conducted  by  such  factory,  com- 
mercial establishment,  mill  or  workshop,  commercial  institution 
or  other  establishment  or  working  place;  and  nj^otice  to  the 
foregoing  effect  shall  be  kept  posted  in  each  such  room|[,  or  apart- 
ment]. No  employee,  unless  his  presence  is  necessary  for  the 
proper  conduct  of  the  business,  shall  remain  in  any  such  room[, 
apartment,  or  enclosure]  during  the  time  allowed  for  meals,  and 
[suitable  provision  shall  be  made  and  maintained  by  the  employer 
for  enabling  employees  to  take  their  meals  elsewhere  in  such  estab- 
lishment.] the  employer  shall  provide  a-  suitable  place  in  such 
establishment  for  his  employees  to  eat  their  meals. 

§  [^9.]  98.  Registration  of  [factories]  places  of  employment. 
[The  owner  of  every  factory  shall  register  such  factory  with  the 
state  department  of  labor,  giving  the  name  of  the  owner,  his  home 
addrens,  the  address  of  the  business,  the  name  under  which  it  is 
carried  on,  the  number  of  employees  and  such  other  data  as  the 
commissioner  of  labor  may  require.  Such  registration  of  existing 
factories  shall  be  made  within  six  months  after  this  section  takes 
effect.  Factories  hereafter  established  shall  be  so  registered 
within  thirty  days  after  the  commencement  of  business.  Within 


456         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

thirty  days  after  a  change  in  the  location  of  a  factory  the  owner 
thereof  shall  file  with  the  commissioner  of  labor  the  new  address 
of  the  business,  together  with  such  other  information  as  the  com- 
missioner of  labor  may  require.]  Every  employer,  except  those 
affected  by  sections  three  hundred  and  thirty  and  three  hundred 
and  thirty-one,  employing  persons  who  are  affected  by  any  of  the 
provisions  of  this  chapter  shall,  within  thirty  days  after  em- 
ployment begins,  register  the  place  of  employment  with  the  com- 
missioner, giving  his  name,  his  home  address,  the  address 
of  the  business,  the  name  under  which  it  is  carried  on,  the  number 
of  employees  and  such  other  data  as  the  commissioner  may  require. 
Within  thirty  days  after  a  change  in  the  location  of  any  such  place 
of  employment,  the  employer  shall  file  the  new  address  with  the 
commissioner,  together  with  such  other  information  as  the  com- 
missioner may  require.  When  any  such  place  of  employment  is 
permanently  discontinued,  the  former  employer  shall  notify  the 
commissioner.  All  such  places  of  employment,  existing  when 
this  section  takes  effect,  shall  be  registered  within  thirty  days 
thereafter. 

§  99.  Employers'  report  of  accidents  to  employees.  Every 
employer  of  labor  affected  by  the  provisions  of  this  chapter  shall 
keep  a  record  of  every  accident  which  causes  personal  injury  to  or 
the  death  of  any  of  his  employees  in  the  course  of  their  employ- 
ment. The  record  shall  be  in  such  form  and  shall  contain  such 
information  as  the  commissioner  may  require.  Within  forty- 
eight  hours  after  any  such  accident,  the  employer  shall  send  to 
the  commissioner  a  report  thereof  stating  the  name,  address 
and  business  of  the  employer;  the  name,  address,  sex,  age, 
nationality  and  occupation  of  the  employee;  time,  place  and 
cause  of  the  accident;  the  nature  of  the  injury  and  the  probable 
extent  of  disability;  the  number  of  days  which  the  employee  had 
worked  for  such  employer  at  the  employment  in  which  he  was 
injured;  whether  he  was  paid  at  the  time  of  the  accident  on  the 
basis  of  time  or  output;  the  rate  of  the  employee's  wages  im- 
mediately preceding  the  accident,  and  such  other  information  as 
may  be  required  by  the  commissioner.  Subsequent  reports  of  the 
results  of  the  accident  and  of  the  condition  of  the  injured  employee 
shall  be  sent  by  the  employer  to  the  commissioner  at  such  times 
and  shall  contain  such  information  as  he  may  require.  Reports 
made  under  this  section  shall  not  be  evidence  of  the  facts  therein 
stated  in  any  action  arising  out  of  the  accident  therein  reported. 


PROPOSED  BECODIFICATION  OF  THE  LABOR  LAW.         457 

§  '[65]  100.  Physicians'  reports  of  industrial  poisoning  [to  be 
reported].  1.  Every  [medical  practitioner]  physician  attending 
[on  or  called  in  to  visit  a  patient]  any  person  whom  he  believes  to 
be  suffering  from  poisoning  [from]  by  lead,  phosphorus,  arsenic, 
brass,  wood  alcohol,  mercury  or  their  compounds,  or  from  anthrax, 
or  [from]  compressed  air  illness,  contracted  as  the  result  of  the 
nature  of  [the  patient's]  such  persons  employment,  shall  send 
to  the  commissioner  [of  labor]  a  [notice]  report  stating  the 
name  and  [full  postal]  address  and  place  of  employment  of  [the 
patient]  such  person  and  the  disease  from  which[,  in  the  opinion 
of  the  medical  practitioner,  the  patient]  he  is  suffering,  with 
such  [other  and]  further  information  as  may  be  required  by  the 
[said]  commissioner. 

[2.  If  any  medical  practitioner,  when  required  by  this  section 
to  send  a  notice,  fails  forthwith  to  send  the  same,  he  shall  be 
liable  to  a  fine  not  exceeding  ten  dollars.] 

[3]  2.  [It  shall  be  the  duty  of  the  commissioner  of  labor  to 
enforce  the  provisions  of  this  section,  and  he]  The  commissioner 
may  call  upon  the  state  and  local  boards  of  health  for  assistance 
in  the  enforcement  of  the  provisions  of  this  section. 

§  [99-a.]  101.  Laws  to  be  posted.  [Copies  or  digests  of  the 
provisions  of  this  chapter  and  of  the  rules  and  regulations  of  the 
industrial  board,  applicable  thereto,  in  English  and  in  such  other 
languages  as  the  commissioner  of  labor  may  require,  to  be  prepared 
and  furnished  by  the  commissioner  of  labor,  shall  be  kept  posted 
by  the  employer  in  such  conspicuous  place  or  places  as  the  com- 
missioner of  labor  may  direct  on  each  floor  of  every  factory  where 
persons  are  employed  who  are  affected  by  the  provisions  thereof.] 
Wherever  persons  are  employed  who  are  affected  by  the  provisions 
of  this  chapter  or  the  rules  of  the  industrial  board,  the  commis- 
sioner shall  furnish  to  the  employer  copies  or  abstracts  of  all  such 
provisions  and  rules  affecting  such  persons.  The  copies  or  ab- 
stracts shall  be  in  such  languages  as  the  commissioner  may  require 
and  shall  be  kept  posted  by  the  employer  in  conspicuous  places  on 
the  premises. 

§  [15.]  102.  Labels,  brands  and  marks  used  by  labor  organiza- 
tions. A  union  or  association  of  employees  may  adopt  a  device 
in  the  form  of  a  label,  brand,  mark,  name  or  other  character  for 
the  purpose  of  designating  the  products  of  the  labor  of  the  mem- 
bers thereof.  Duplicate  copies  of  such  device  shall  be  filed  in  the 


458         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

office  of  the  secretary  of  state,  who  shall,  under  his  hand  and  seal, 
deliver  to  the  union  or  association  filing  or  registering  the  same  a 
certified  copy  and  a  certificate  of  the  filing  thereof,  for  which  he 
shall  be  entitled  to  a  fee  of  one  dollar.  Such  certificate  shall  not 
be  assignable  by  the  union  or  association  to  whom  it  is  issued. 

§  [16]  103.  Illegal  use  of  labels,  brands  and  marks  [a  mis- 
demeanor] ;  injunction  proceedings.  [A]  No  person  who,  [(!)] 
shall  in  any  way  use  or  display  the  label,  brand,  mark,  name 
or  other  character,  adopted  by  any  such  union  or  association  as 
provided  in  [the  preceding]  section  one  hundred  and  two,  without 
the  consent  or  authority  of  such  union  or  association;  or  [(2) 
shall]  counterfeit  or  imitate  any  such  label,  brand,  mark,  name  or 
other  character,  or  knowingly  sell[s]  or  dispose[s]  of,  or  keep|[s] 
or  |[has]  have  in  his  possession  with  intent  to  sell  or  dispose  of, 
any  goods,  wares,  merchandise  or  other  products  of  labor,  upon 
which  any  such  counterfeit  or  imitation  is  attached,  affixed, 
printed,  stamped  or  impressed,  or  knowingly  sell[s]  or  dispo>se[s] 
of,  or  keep|[s]  or  [has]  have  in  his  possession  with  intent  to 
sell  or  dispose  of  any  goods,  wares,  merchandise  or  other  products 
of  labor  contained  in  any  box,  case,  can  or  package,  to  which 
or  on  which  any  such  counterfeit  or  imitation  is  attached,  affixed, 
printed,  painted,  stamped  or  impressed.[,  is  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  for  not  less  than  three  months  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment.]  After  filing  copies 
of  such  device,  [such]  the  union  or  association  may  '[also]  main- 
tain an  action  to  enjoin  the  manufacture,  use,  display  or  sale  of 
counterfeit  or  colorable  imitations  of  such  device,  or  of  goods  bear- 
ing the  same,  or  the  unauthorized  use  or  display  of  such  device, 
or  of  goods  bearing  the  same,  and  the  court  may  restrain  such 
wrongful  manufacture,  use,  display  or  sale,  and  every  unauthor- 
ized use  or  display  by  others  of  the  genuine  devices  so  registered 
and  filed,  if  such  use  or  display  is  not  authorized  by  the  owner 
thereof,  and  may  award  to  the  plaintiff  such  damages  resulting 
from  such  wrongful  manufacture,  use,  display  or  sale  as  may  be 
proved,  together  with  the  profits  derived  therefrom. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         459 


ARTICLE  4- 

EMPLOYMENT  OF  CHILDREN  AND  FEMALES. 

Section  105.  Employment  of  children  under  the  age  of  fourteen 
years  prohibited. 

106.  Employment  of  children  between  ike  ages  of  four- 

teen and  sixteen  years. 

107.  Employment  certificates;  how  issued. 

108.  Evidence  of  age. 

109.  Physical  examination  before  issuance    of    employ- 

ment certificate. 

110.  Examination     by      officer     issuing,      employment 

certificate. 

111.  Contents  of  employment  certificate. 

112.  Supervision  over  issuance  of  employment  certificates. 

113.  Registers  of  children  employed. 

114-  Employment  of  children  apparently  under  the  age 
of  sixteen  years. 

115.  Prohibited  employment  of  children  and  females. 

116.  Employment  of  females  in  core  rooms. 

117.  Prohibited  employment  of  females  after  child  birth. 

118.  Physical  examination  of  children  employed. 

119.  Physical  examination  of  females. 

120.  Seats  for  female  employees. 


Employment  of  '[minors]  children  under  the 
age  of  fourteen  years  prohibited.  No  child  under  the  age  of 
fourteen  years  shall  be  employed[,  permitted  or  suffered  to  work] 
in  or  in  connection  with  [any  factory  in  this  state,]  or  for  any 
factory  [at  any  place  in  this  state.]  or  in  or  in  connection  with 
any  mercantile  establishment,  business  office,  telegraph  office, 
restaurant,  hotel,  apartment-house,  theatre  or  other  place  of  amuse- 
ment, bowling  alley,  barber  shop,  shoe-polishing  establishment  f 
or  in  the  distribution  or  transmission  of  merchandise,  articles  or 
messages,  or  in  the  sale  of  articles. 

[No  child  between  the  ages  of  fourteen  and  sixteen  years  shall 
be  so  employed,  permitted  or  suffered  to  work  unless  an  employ- 
ment certificate,  issued  as  provided  in  this  article,  shall  have 
been  theretofore  filed  in  the  office  of  the  employer  at  the  place  ol 
employment  of  such  child.]  Nothing  [herein]  contained  in  this 


4:60         PROPOSED  RECODIFICATION  or  THE  LABOE  LAW. 

section  or  in  section  one  hundred  and  six  shall  prevent  a  person 
engaged  in  farming  from  permitting  his  children  to  do  farm 
work  for  him  upon  his  farm.  Boys  over  the  age  of  twelve 
years  may  be  employed  in  gathering  produce,  for  not  more  than 
six  hours  in  any  [one]  day,  subject  to  the  requirements  of  chap- 
ter twenty-one  of  the  laws  of  nineteen  hundred  and  nine,  entitled 
"An  act  relating  to  education,  constituting  chapter  sixteen  of  the 
consolidated  laws,"  and  all  acts  amendatory  thereof. 

§  106.  Employment  of  children  between  the  ages  of  fourteen 
and  sixteen.  No  child  between  the  ages  of  fourteen  and  sixteen 
years  shall  be  employed  in  or  in  connection  with  or  for  any  factory, 
or  in  or  in  connection  with  any  mercantile  or  other  establishment 
or  business  specified  in  section  one  hundred  and  five  unless  an 
employment  certificate,  issued  as  provided  in  this  article,  is  kept 
on  file  in  the  office  of  the  employer  at  the  place  of  employment 
of  the  child. 

On  termination  of  the  employment,  the  certificate  shall,  except 
where  it  has  been  cancelled  under  the  provisions  of  section  one 
hundred  and  eighteen,  be  surrendered  by  the  employer  to  the 
child  or  its  parent,  guardian  or  custodian. 

$  [71].? 07.  Employment  certificate,  how  issued.  [Such]  The 
employment  certificate  required  in  section  one  hundred  and  six 
shall  be  issued  by  the  commissioner  of  health  or  the  executive 
officer  of  the  board  or  department  of  health  of  the  city,  town  or 
tillage  where  such  child  resides,  or  is  to  be  employed,  or  by  such 
other  officer  thereof  as  may  be  designated  by  such  board,  depart- 
ment or  commissioner  for  that  purpose,  upon  the  application  of 
the  parent,  [or]  guardian  or  custodian  of  the  child  desiring 
[such]  employment.  Such  officer  shall  not  issue  [such]  the 
certificate  until  he  has  received,  examined,  approved  and  filed  the 
following  papers  duly  executed :  [viz. :  The  school  record  of  such 
child  properly  filled  out  and  signed  as  provided  in  this  article ; 
also,  evidence  of  age  showing  that  the  child  is  fourteen  years  old 
or  upwards,  which  shall  consist  of  the  evidence  thereof  provided 
in  one  of  the  following  subdivisions  of  this  section  and  which 
shall  be  required  in  the  order  herein  designated  as  follows: 

(a)  Birth  certificate:  A  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording  births,  which 
certificate  shall  be  conclusive  evidence  of  the  age  of  such  child. 


PROPOSED  HECODIFICATION  OF  THE  LABOR  LAW.         461 

(b)  Certificate  of  graduation :    A  certificate  of  graduation  duly 
issued  to  such  child  showing  that  such  child  is  a  graduate  of  a 
public  school  of  the  state  of  New  York  or  elsewhere,  having  a 
course  of  not  less  than  eight  years,  or  of  a  school  in  the  state  of 
'New  York  other  than   a  public  school,   having  a  substantially 
equivalent  course  of  study  of  not  less  than  eight  years'  duration, 
in  which  a  record  of  the  attendance  of  such  child  has  been  kept 
as  required  by  article  twenty  of  the  education  law,  provided  that 
the  record  of  such  school  shows  such  child  to  be  at  least  fourteen 
years  of  age. 

(c)  Passport  or  baptismal  certificate:     A  passport  or  a  duly 
attested  transcript  of  a  certificate  of  baptism  showing  the  date  of 
birth  and  place  of  baptism  of  such  child. 

(d)  Other  documentary  evidence:     In  case  it  shall  appear  to 
the  satisfaction  of  the  officer  to  whom  application  is  made,  as 
herein  provided,  for  an  employment  certificate,  that  a  child  for 
whom  such  certificate  is  requested,  and  who  has  presented  the 
school  record,   is  in  fact  over  fourteen  years  of  age,   and  that 
satisfactory  documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preceding  sub- 
divisions of  this  section,  and  that  none  of  the  papers  mentioned 
in  said  subdivision  can  be  produced,  then  and  not  otherwise  he 
shall  present  to  the  board  of  health  of  which  he  is  an  officer  or 
agent,  for  its  action  thereon,  a  statement  signed  by  him  showing 
such  facts,  together  with  such  affidavits  or  papers  as  may  have 
been  produced  before  him  constituting  such  evidence  of  the  age 
of  such  child,  and  the  board  of  health,  at  a  regular  meeting  thereof, 
may  then,  by  resolution,  provide  that  such  evidence  of  age  shall 
be  fully  entered  on  the  minutes  of  such  board,  and  shall  be  re- 
ceived as  sufficient  evidence  of  the  age  of  such  child  for  the  pur- 
pose of  this  section. 

(e)  Physicians'  certificates:    In  cities  of  the  first  class  only,  in 
case  application  for  the  issuance  of  an  employment  certificate  shall 
be  made  to  such  officer  by  a  child's  parent,  guardian  or  custodian 
who  alleges  his  inability  to  produce  any  of  the  evidence  of  age 
specified  in  the  preceding  subdivisions  of  this  section,  and  if  the 
child  is  apparently  at  least  fourteen  years  of  age,  such  officer  may 
receive  and  file  an  application  signed  by  the  parent,  guardian  or 
custodian  of  such  child  for  physicians'  certificates.     Such  applica- 
tion shall  contain  the  alleged  age,  place  and  date  of  birth,  and 


4G2         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

present  residence  of  such  child,  together  with  such  further  facts 
as  may  be  of  assistance  in  determining  the  age  of  such  child. 
Such  application  shall  be  filed  for  not  less  than  ninety  days  after 
date  of  such  application  for  such  physicians'  certificates,  for  an 
examination  to  be  made  of  the  statements  contained  therein,  and 
in  case  no  facts  appear  within  such  period  or  by  such  examination 
tending  to  discredit  or  contradict  any  material  statement  of  such 
application,  then  and  not  otherwise  the  officer  may  direct  such 
child  to  appear  thereafter  for  physical  examination  before  two 
physicians  officially  designated  by  the  board  of  health,  and  in 
case  such  physicians  shall  certify  in  writing  that  they  have  sepa- 
rately examined  such  child  and  that  in  their  opinion  such  child 
is  at  least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child  for  the  pur- 
poses of  this  section.  In  case  the  opinions  of  such  physicians 
do  not  concur,  the  child  shall  be  examined  by  a  third  physician 
and  the  concurring  opinions  shall  be  conclusive  for  the  purpose 
of  this  section  as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  sub- 
division (a)  in  preference  to  that  specified  in  any  subsequent 
subdivision  and  shall  not  accept  the  evidence  of  age  permitted 
by  any  subsequent  subdivision  unless  he  shall  receive  and  file  in 
addition  thereto  an  affidavit  of  the  parent  showing  that  no  evi- 
dence of  age  specified  in  any  preceding  subdivision  or  subdivisions 
of  this  section  can  be  produced.  Such  affidavit  shall  contain  the 
age,  place  and  date  of  birth,  and  present  res^^^e  of  such  child, 
which  affidavit  must  be  taken  before  the  officer  issuing  the  em- 
ployment certificate,  who  is  hereby  authorized  and  required  to 
administer  such  oath  and  who  shall  not  demand  or  receive  a  fee 
therefor.  Such  employment  certificate  shall  not  be  issued  until 
such  child  further  has  personally  appeared  before  and  been  ex- 
amined by  the  officer  issuing  the  certificate,  and  until  such  officer 
shall,  after  making  such  examination,  sign  and  file  in  his  office  a 
statement  that  the  child  can  read  and  legibly  write  simple  sen- 
tences in  the  English  language  and  that  in  his  opinion  the  child 
is  fourteen  years  of  age  or  upwards  and  has  reached  the  normal 
development  of  a  child  of  its  age,  and  is  in  sound  health  and  is 
physically  able  to  perform  the  work  which  it  intends  to  do.  Every 
such  employment  certificate  shall  be  signed,  in  the  presence  of  the 
officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued. 
In  every  case,  before  an  employment  certificate  is  issued,  such 


PEOPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         463 

physical  fitness  shall  be  determined  by  a  medical  officer  of  the 
department  or  board  of  health,  who  shall  make  a  thorough  physical 
examination  of  the  child  and  record  the  result  thereof  on  a  blank 
to  be  furnished  for  the  purpose  by  the  state  commissioner  of  labor 
and  shall  set  forth  thereon  such  facts  concerning  the  physical  con- 
dition and  history  of  the  child  as  the  commissioner  of  labor  may 
require.] 

1.  The  evidence  of  age  of  the  child. 

2.  The  record  of  the  physical  examination  of  the  child. 

3.  The  child's  school  record  certificate  issued  as  provided  in 
section  six  hundred  and  thirty  of  the  education  law. 

§  108.  Evidence  of  age.  The  evidence  of  age  shall  show  that  the 
child  is  over  the  age  of  fourteen  years,  and  shall  be  as  provided  in 
one  of  the  following  subdivisions: 

1.  Birth  certificate.     A  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  laiv  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording  births. 

2.  Certificate   of  graduation.      A    certification   of  graduation 
showing  that  such  child  is  a  graduate  of  a  public  school  having 
a  course  of  not  less  than  eight  years,  or  of  a  school  in  the  state 
of  New  York  other  than  a  public  school,  having  a  substantially 
equivalent  course  of  study  of  not  less  than  eight  years,  in  which 
a  record  of  the  attendance  of  such  child  has  been  kept  as  required 
by  article  twenty  of  the  education  law. 

3.  Passport  or  baptismal  certificate.     A   passport  or  a  duly 
attested  transcript  of  a  certificate  of  baptism. 

4.  Other  documentary  evidence.    If  the  child,  for  whom  an  ap- 
plication for  an  employment  certificate  is  made,  is  apparently 
over  the  age  of  fourteen  years  and  has  presented  his  school  record 
certificate,    and    if    satisfactory    documentary    evidence    of    age 
can  be  produced  which   does  not  fall  within  any   of  the   pre- 
ceding subdivisions  of  this  section,  the  officer  issuing  employment 
certificates  shall  present  to  the  board  of  health  of  which  he  is  an 
officer  or  agent,  a  statement  signed  by  him  showing  such  facts, 
together  with  such  papers  as  may  have  been  received  by  him  con- 
stituting such  evidence.    The  commissioner  of  health  or  the  exec- 
utive officer  of  the  board  or  department  of  health  may  then  accept 
such  evidence  as  sufficient  as  to  the  age  of  such  child,  and  such 
evidence  shall  be  fully  entered  on  the  minutes  of  the  board  at  the 
next  meeting  thereof. 


464         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

5.  Physicians  certificates.  In  cities  of  the  first  class  only, 
if  the  child,,  for  ivhom  an  application  for  an  employment  certificate 
is  made,  is  apparently  over  the  age  of  fourteen  years  the  officer 
issuing  employment  certificates  may  receive  and  file  an  applica- 
tion signed  by  the  parent,,  guardian  or  custodian  of  such  child  for 
physicians'  certificates.  The  application  for  physicians'  certifi- 
cates shall  contain  the  name,  place  and  date  of  birth,  and  resi- 
dence of  the  child,  together  with  such  further  facts  as  may  be  of 
assistance  in  determining  the  age  of  such  child,  and  shall  remain 
on  file  for  not  less  than  ninety  days.  An  examination  shall  be 
made  of  the  statements  contained  therein,  and  if  no  facts  appear 
within  such  period  or  by  such  examination  tending  to  discredit 
or  contradict  any  material  statement  in  the  application,  the  officer 
shall  direct  the  child  to  appear  thereafter  for  physical  examination 
before  two  physicians  designated  by  the  board  of  health.  If  the 
physicians  certify  in  writing  that  they  have  separately  examined 
the  child  and  that  in  their  opinion  the  child  is  over  the  age  of 
fourteen  years  such  certificates  shall  be  sufficient  evidence  as  to  the 
age  of  such  child.  If  the  opinions  of  the  physicians  do  not  con- 
cur, the  child  shall  be  examined  by  a  third  physician  designated 
by  the  board  of  health  and  the  concurring  opinions  shall  be  suffi- 
cient evidence  as  to  the  age  of  such  child. 

The  officer  issuing  employment  certificates  shall  require  the 
evidence  of  age  in  the  order  hereinabove  designated  and  shall  not 
accept  the  evidence  permitted  by  any  subdivision,  other  than  sub- 
division one,  unless  he  receives  and  files  in  addition  thereto  an 
affidavit  of  the  parent,  guardian  or  custodian  of  the  child  stating 
that  no  evidence  specified  m  any  preceding  subdivision  can  be 
produced.  Such  affidavit  shall  contain  the  name,  place  and  date 
of  birth,  and  residence  of  the  child,  and  shall  be  taken  before  the 
officer  issuing  the  employment  certificate,  who  is  hereby  au- 
thorized and  required  to  administer  such  oath  and  who  shall  not 
demand  or  receive  a  fee  therefor. 

§  109.  Physical  examination  before  issuance  of  employment 
certificate.  A  medical  officer  of  the  department  or  board  of  health 
shall  make  a  thorough  physical  examination  of  every  child  for 
whom  un  application  for  an  employment  certificate  is  made.  He 
shall  record  the  result  of  such  examination  and  such  other  facts 
concerning  the  child's  physical  condition  and  history  as  the  com- 
missioner may  require  on  blanks  to  be  prepared  and  furnished  by 
the  commissioner,  and  shall  sign  the  record  so  made.  The  medical 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         465 

officer  shall  file  such  record  with  the  officer  issuing  employment 
certificates,  and  no  employment  certificate  shall  be  issued  unless 
such  record  states  that  the  child  is  normally  developed  for  a  child 
of  its  age  and  is  in  sound  health  and  physically  fit  to  work. 

§  110.  Examination  by  officer  issuing  employment  certificates. 
No  employment  certificate  shall  be  issued  for  any  child  unless 
the  child  has  personally  appeared  before  and  been  examined  by 
the  officer  issuing  the  certificate,  and  unless  such  officer  has,  after 
making  the  examination,  signed  and  filed  in  his  office  a  statement 
that  in  his  opinion  the  child  is  over  the  age  of  fourteen  years 
and  has  reached  the  normal  development  of  a  child  of  its  age, 
and  is  in  sound  health  and  is  physically  fit  to  work,  and  that  it 
can  read  'and  legibly  write  simple  sentences  in  the  English  lan- 
guage. 

§  [72]  111.  Contents  of  employment  certificate.  [Such]  The 
employment  certificate  shall  contain  the  name,  sex,  nationality, 
[state]  the  date  and  place  of  birth,  [of  the  child,  and  describe  the 
color  of  the  hair  and  eyes,]  the  height  and  weight,  the  color  of  hair 
and  eyes  and  any  distinguishing  [facial]  physical  marks  of 
[such]  the  child  and  shall  certify  that  the  papers  required  by  [the 
preceding]  section  one  hundred  and  seven  have  been  duly  ex- 
amined, approved  and  filed  and  that  the  child  named  in  such 
certificate  has  appeared  before  the  officer  signing  the  certificate 
and  been  examined.  It  shall  bear  the  date  of  its  issue,  and  shall 
be  signed  by  the  officer  issuing  it  and,  in  his  presence,  by  the 
child  for  whom  it  is  issued. 

§  [75]  112.  Supervision  over  issuance  of  employment  certifi- 
cates. [The  board  or  department  of  health  or  health  commissioner 
of  a  city,  village  or  town,]  The  officer  issuing  employment  certifi- 
cates shall  transmit,  [between  the  first  and]  on  or  before  the  tenth 
day  of  each  month,  to  the  commissioner  [of  labor,]  a  list  of  the 
names  of  all  children  [to]  for  whom  certificates  have  been  issued 
during  the  preceding  month,  together  with  a  duplicate  [of  the]  rec- 
ord of  [every]  all  physical  examinations  [as  to  the  physical  fit- 
ness,] made  under  section  one  hundred  and  nine  including  ex- 
aminations resulting  in  rejection.  In  cities  of  the  first  and  second 
class  all  employment  certificates  and  school  record|[s]  certificates 
required  [under  the  provisions  of]  by  this  chapter  shall  be  in 
[such]  a  form  [as  shall  be]  approved  by  the  commissioner,  [of 


466         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

labor.]  [In  towns,  villages  or  cities  other1  than  cities  of  the  first 
or  second  class,  the  commissioner  of  labor  shall  prepare  and  fur- 
nish blank  forms  for  such  employment  certificates  and  school 
records.]  and  elsewhere  they  shall  be  on  blank  forms  prepared 
and  furnished  by  him.  No  [school  record  or]  employment  cer- 
tificate or  school  record  certificate  required  by  this  '[article,] 
chupter,  other  than  those  approved  or  furnished  by  the  commis- 
sioner [of  labor]  as  above  provided,  shall  be  used.  The  com- 
missioner [of  labor]  shall  inquire  into  the  administration  and 
enforcement  of  the  provisions  of  this  article  by  all  public  officers 
charged  with  the  duty  of  issuing  employment  certificates,  and  for 
that  purpose  the  commissioner  [of  labor]  shall  have  access  to 
all  papers  and  records  required  to  be  kept  by  all  such  officers. 

§  [76.]^  13.  Regist[ry]ers  of  children  employed.  [Each  per- 
son owning  or  operating  a  factory  and  employing  children  therein 
shall  keep  or  cause  to  be  kept  in  the  office  of  such  factory,  a 
register,  in  which  shall  be  recorded  the  name,  birthplace,  age  and 
place  of  residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in  such  office 
shall  be  produced  for  inspection  upon  the  demand  of  the  commis- 
sioner of  labor.  On  termination  of  the  employment  of  a  child  so 
registered,  and  whose  certificate  is  so  filed,  said  certificate  shall  be 
forthwith  surrendered  by  the  employer  to  the  child  or  its  parent  or 
guardian  or  custodian.  The  commissioner  of  labor  may  make 
demand  on  an  employer  in  whose  factory  a  child  apparently  under 
the  age  of  sixteen  years  is  employed  or  permitted  or  suffered  to 
work,  and  whose  employment  certificate  is  not  then  filed  as  re- 
quired by  this  article,  that  such  employer  shall  either  furnish  him, 
within  ten  days,  evidence  satisfactory  to  him  that  such  child  is 
in  fact  over  sixteen  years  of  age,  or  shall  cease  to  employ  or  per- 
mit or  suffer  such  child  to  work  in  such  factory.  The  commis- 
sioner of  labor  may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  on  the  issuance  of  an  employ- 
ment certificate ;  and  the  employer  furnishing  such  evidence  shall 
not  be  required  to  furnish  any  further  evidence  of  the  age  of  the 
child.  A  notice  embodying  such  demand  may  be  served  on  such 
employer  personally  or  may  be  sent  by  mail  addressed  to  him  at 
said  factory,  and  if  served  by  post  shall  be  deemed  to  have  been 
served  at  the  time  when  the  letter  containing  the  same  would  be 
delivered  in  the  ordinary  course  of  the  post.  When  the  employer 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         467 

is  a  corporation  such  notice  may  be  served  either  personally  upon 
an  officer  of  such  corporation,  or  by  sending  it  by  post  addressed 
to  the  office  or  the  principal  place  of  business  of  such  corporation. 
The  papers  constituting  such  evidence  of  age  furnished  by  the 
employer  in  response  to  such  demand  shall  be  filed  with  the  com- 
missioner of  labor  and  a  material  false  statement  made  in  any  such 
paper  or  affidavit  by  any  person  shall  be  a  misdemeanor.  In  case 
such  employer  shall  fail  to  produce  and  deliver  to  the  commis- 
sioner of  labor  within  ten  days  after  such  demand  such  evidence 
of  age  herein  required  by  him,  and  shall  thereafter  continue  to 
employ  such  child  or  permit  or  suffer  such  child  to  work  in  such 
factory,  proof  of  the  giving  of  such  notice  and  of  such  failure  to 
produce  and  file  such  evidence  shall  be  prima  facie  evidence  in  any 
prosecution  brought  for  a  violation  of  this  article  that  such  child 
is  under  sixteen  years  of  age  and  is  unlawfully  employed.]  The 
employer  of  children  for  whom  employment  certificates  have 
been  issued  shall  keep  a  register  which  shall  contain  the  name, 
sex,  nationality,,  date  and  place  of  birth,  and  place  of  residence 
of  every  child  so  employed.  The  register  and  the  employment 
certificate  kept  on  file  in  accord  with  section  one  hundred  and 
six  shall  be  produced  for  inspection  upon  the  demand  of  the  com- 
missioner. 

§  114-  Employment  of  children  apparently  under  the  age  of 
sixteen  years.  1.  If  any  child,  apparently  under  the  age  of  six- 
teen years,  is  employed  in  or  in  connection  with  or  for  any  factory, 
or  in  or  in  connection  with  any  mercantile  or  other  establishment 
or  business  specified  in  section  one  hundred  and  five  and  no  em- 
ployment certificate  for  such  child  is  on  file  with  the  employer, 
the  commissioner  may  demand  that  the  employer  of  such  child 
shall  furnish  within  ten  days  after  demand  evidence  satisfactory 
to  the  commissioner  that  the  child  is  over  the  age  of  sixteen  years, 
or  that  he  shall  cease  to  employ  the  child.  The  commissioner  may 
require  the  age  of  the  child  to  be  established  in  the  manner  pre- 
scribed in  section  one  hundred  and  eight,  and  the  employer  fur- 
nishing evidence  in  such  manner  shall  not  be  required  to  furnish 
any  further  evidence  of  the  age  of  the  child.  The  papers  con- 
stituting such  evidence  shall  be  filed  with  the  commissioner. 

2.  The  demand  for  evidence  may  be  served  personally  upon  the 
employer  or,  if  the  employer  is  a  corporation,  upon  an  officer 
thereof,  or  it  may  be  sent  by  mail  addressed  to  the  employer  at  the 


468         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

factory  or  mercantile  or  other  establishment  or,  if  the  employer 
is  a  corporation,  addressed  to  the  office  or  principal  place  of  busi- 
ness thereof.  If  it  is  sent  by  mail,  it  shall  be  deemed  to  have  been 
served  at  the  time  when  the  letter  containing  the  same  would  be 
delivered  in  the  ordinary  course  of  the  mail. 

3.  If  the  employer  fails  to  furnish  such  evidence  within  ten 
days  after  demand,  and,  after  such  ten  days,  continues  to  employ 
the  child  in  or  in  connection  with  or  for  any  factory,  or  in  or  in 
connection  with  any  mercantile  or  other  establishment  or  business 
specified  in  section  one  hundred  and  five,  proof  of  the  service  of 
the  demand  and  of  the  failure  to  furnish  such  evidence  shall,  in 
any  prosecution  brought  for  a  violation  of  this  article,  be  prima 
facie  evidence  that  such  child  is  under  the  age  of  sixteen  years 
and  is  unlawfully  employed. 

§  [9 3]  1 15.  Prohibited  employment  of  [women  and]  children 
and  females.  1.  ~No  child  under  the  age  of  sixteen  years  shall  be 
employed  [or  permitted  to  work]  in  operating  or  assisting  in 
operating  any  of  the  following  machines: 

a.  |[c]  Circular    or    band    saws,    woodshapers,    wood  jointers, 

planers,  sandpaper  or  woodpolishing  machinery; 

b.  [p]Picker   machines    or   machines  used    in   picking  wool, 

cotton,  hair  or  any  upholstery  material; 

c.  [p]Paper  lace  machines; 

d.  [b]Purnishing  machines  in  any  tannery  or  leather  |[manu-] 

factory ; 

e.  [j]/ob  or  cylinder  printing  presses  having  motive  power 

other  than  foot; 

/.   [w]  Wood-turning  or  boring  machinery ; 

g.  |[d]Drill  presses; 

h.  [m]lfetal  or  paper  cutting  machines; 

i.  [c] Corner  staying  machines  in  paper  box  factories; 

j.  [s]$tamping  machines  used  in  sheet  metal  and  tinware 
manufacturing  or  in  washer  and  nut  factories ; 

~k.  [m] Machines  used  in  making  corrugating  rolls; 

I.  [s]$team  boilers; 

m.  [d]Dough  brakes  or  cracker  machinery  [of  any  descrip- 
tion] ; 

n.  |[w]Wire  or  iron  straightening  machinery; 

o.  [r]Polling  mill  machinery; 

p.  [p] Power  punches  or  shears; 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         469 

q.   [w]  Washing,  grinding  or  mixing  machinery; 

r.  £c]<7alendar  rolls  in  rubber  manufacturing; 

s.  [or  IJZaundering  machinery;  [or  in  operating  or  assisting 

in  operating] 
t.   [a] Any  other  |[machines  or]'  machinery  [which  may  be] 

found  by  the  industrial   board  to  be  dangerous   and  so 

specified  [as  such  from  time  to  time]  in  its  rules  [and 

regulations  adopted  by  such  board]. 

2.  No  child  under  the  age  of  sixteen  years  shall  be  employed 
[or  permitted  to  work  at]  in: 

a.  [a]Adjusting  or  assisting  in  adjusting  any  belt  to  any  ma- 

chinery ; 

b.  [o] Oiling  or   assisting  in  oiling,   wiping  or  cleaning  ma- 

chinery ; 

[or  in  any  capacity  in] 

c.  [p]Preparing    any    composition    in    which    dangerous    or 

poisonous  acids  are  used ;  |[or  in] 

d.  [The  manufacture]  Manufacturing  or  packing  [of]  paints, 

dry  colors,  or  red  or  white  lead;  [or] 

e.  |[d]iZ7ipping  or  dyeing  matches;  [or  in] 

/.  [The  manufacture,]  Manufacturing,  packing  or  storing 
[of]  powder,  dynamite,  nitroglycerine  compounds,  fuses, 
or  other  explosives;  |[or  in] 

g.  [o]0r  about  any  distillery,  brewery,  or  any  other  establish- 
ment where  malt  or  alcoholic  liquors  are  manufactured, 
packed,  wrapped,  or  bottled ;  [and] 

3.  No  female  under  the  age  of  sixteen  shall  be  employed  [or 
permitted  to  work]  in  any  capacity  where  such  employment  com- 
pels her  to  remain  standing  constantly. 

4.  No  child  under  the  age  of  sixteen  years  shall  be  employed  [or 
permitted]  to  have  the  care[,  custody]  or  management  of  or  to 
operate  an  elevator  either  for  freight  or  passengers.     No  person 
under  the  age  of  eighteen  years  shall  be  employed  [or  permitted] 
to  have  the  carej[,  custody]  or  management  of  or  to  operate  an 
elevator  either  for  freight  or  passengers  running  at  a  speed  of 
over  two  hundred  feet  a  minute. 

5.  No  male  [person]  under  the  age  of  eighteen  years  [or 
woman]  nor  any  female  under  twenty-one  years  of  age  shall  be 
[permitted  or  directed]  employed  or  directed  to  clean  machinery 
while  it  is  in  motion. 


470         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

6.  No  male  [child]  under  the  age  of  eighteen  years,  nor  any 
female,  shall  be  employed  in  any  factory  [in  this  state];  in  oper- 
ating or  using  any  emery,  tripoli,  rouge,  corundum,  stone,  car- 
borundum or  '[any]  other  abrasive,  or  emery  polishing  or  buffing 
wheel,   [where  articles  of  the  baser  metals  or  of  iridium  are 
manufactured :]  in  the  manufacture  of  articles  of  the  baser  metals 
or  iridium. 

7.  No  child  under  the  uge  of  sixteen  years  shall  be  employed 
in  or  in  connection  with  any  mine  or  quarry  nor  shall  any  female 
be  employed  in  any  mine  or  quarry. 

[3]5.  In  addition  to  the  cases  provided  for  in  the  foregoing 
subdivisions,  the  industrial  board,  when  as  a  result  of  its  investi- 
gations it  finds  that  any  particular  trade,  process  of  manufacture, 
or  occupation,  or  particular  method  of  carrying  on  any  trade, 
process  of  manufacture,  or  occupation,  is  dangerous  or  injurious 
to  the  health  of  minors  under  eighteen  years  of  age  employed 
therein,  [shall  have  power  to]  may  adopt  rules  [and  regulations] 
prohibiting  or  regulating  the  employment  of  such  minors  therein. 

[4.  No  female  shall  be  employed  or  permitted  to  work  in  any 
brass,  iron  or  steel  foundry,  at  or  in  connection  with  the  making 
of  cores  where  the  oven  in  which  the  cores  are  baked  is  located  and 
is  in  operation  in  the  same  room  or  space  in  which  the  cores  are 
made.  The  erection  of  a  partition  separating  the  oven  from  the 
space  where  the  cores  are  made  shall  not  be  sufficient  unless  the 
said  partition  extends  from  the  floor  to  the  ceiling,  and  the  parti- 
tion is  so  constructed  and  arranged,  and  any  openings  therein  so 
protected  that  the  gases  and  fumes  from  the  core  oven  will  not 
enter  the  room  or  space  in  which  the  women  are  employed.  The 
industrial  board  shall  have  power  to  adopt  rules  and  regulations 
regulating  the  construction,  equipment,  maintenance  and  opera- 
tion of  core  rooms  and  the  size  and  weight  of  cores  that  may  be 
handled  by  women,  so  as  to  protect  the  health  and  safety  of  women 
employed  in  core  rooms.] 

§  116.  Employment  of  females  in  core-rooms.  No  female  shall 
be  employed  in  any  foundry,  at  or  in  connection  with  the  making 
of  cores  where  the  oven  in  which  the  cores  are  baked  is  located  and 
is  in  operation  in  the  same  room  or  space  in  which  the  cores  are 
made.  The  erection  of  a  partition  separating  the  oven  from  the 
space  where  the  cores  are  made  shall  not  be  sufficient  unless  the 
partition  extends  from  the  floor  to  the  ceiling,  and  the  partition  is 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         471 

so  constructed  and  arranged,  and  any  openings  therein  so  protected 
that  the  gases  and  fumes  from  the  core  oven  will  not  enter  the  room 
or  space  in  which  the  women  are  employed.  The  industrial  board 
shall  adopt  rules  regulating  the  construction,  equipment,  mainte- 
nance and  operation  of  core-rooms  and  the  size  and  weight  of  cores 
that  may  be  handled  by  women. 

§  [93-a]  117.  Prohibited  [E] employment  of  females  after 
childbirth  [prohibited].  [It  shall  be  unlawful  for  the]  No 
owner,  proprietor,  manager,  foreman  or  other  person  in  authority 
[of]  in  any  factory,  or  mercantile  establishment[,  mill  or 
workshop  to]  shall  knowingly  employ  a  female  or  permit  a  female 
to  be  employed  therein  within  four  weeks  after  she  has  given 
birth  to  a  child. 

§  [76-a]  118.  Physical  examination  of  children  [in  factories; 
cancellation  of  employment  certificates.]  employed.  1.  [All 
children]  Whenever  required  by  the  commissioner,  every  child  be- 
tween the  ages  of  fourteen  and  sixteen  years  '[of  age]  employed 
in  [factories]  establishments  specified  in  section  one  hundred 
and  five  for  whom  an  employment  certificate  has  been  issued 
shall  submit  to  a  physical  examination  [whenever  required]  by 
a  medical  inspector  of  the  [state]  department  [of  labor].  The 
result  of  [all]  such  [physical]  examinations  shall  be  recorded 
on  blanks  [furnished  for  that  purpose  by  the  commissioner  of 
labor,]  and  [shall  be]  kept  on  file  in  [such  office  or  offices  of] 
the  department  [as  the  commissioner  of  labor  may  designate]. 

2.  If  any  such  child  [shall]'  fails  to  submit  to  such  [physical] 
examination,  or  if  on  examination  the  inspector  finds  the  child 
physically  unfit  to  be  employed  in  the  work  in  which  he  is  engaged 
and  submits  a  report  to  that  effect  which  shall  be  kept  on  file  in 
the  department,  the  commissioner  [of  labor]  may  issue  an 
order  cancelling  [such]  the  child's  employment  certificate.  Such 
order  shall  be  served  upon  the  child's  employer  [of  such  child] 
who  shall  forthwith  deliver  to  [an  authorized  representative  of] 
the  department  [of  labor]  the  child's  employment  certificate.  A 
certified  copy  of  the  order  [of  cancellation]  shall  be  served  on 
the  board  of  health  or  other  local  authority  that  issued  the 
[said]  certificate.  [No  such  child  whose  employment  certificate 
has  been  cancelled,  as  aforesaid,  shall,  while  said  cancellation  re- 
mains unrevoked,  be  permitted  or  suffered  to  work  in  any  factory 
of  the  state  before  it  attains  the  age  of  sixteen  years.] 


472         PROPOSED  RECODIFICATION  OF  THE  LABOK  LAW. 

3.  If  [thereafter]  such  child  '[shall]  subsequently  submits  to 
the  physical  examination  required,  [the  commissioner  of  labor 
may  issue  an  order  revoking  the  cancellation  of  the  employment 
certificate  and  may  return  the  employment  certificate  to  such  child. 
Copies  of  the  order  of  revocation  shall  be  served  upon  the  former 
employer  of  the  child  and  the  local  board  of  health  as  aforesaid.  3. 
If  as  a  result  of  the  physical  examination  made  by  a  medical  in- 
spector it  appears  that  the  child  is  physically  unfit  to  be  employed 
in  a  factory,  such  medical  inspector  shall  forthwith  submit  a  report 
to  that  effect  to  the  commissioner  of  labor  which  shall  be  kept  on 
file  in  the  office  of  the  commissioner  of  labor,  setting  forth  in  de- 
tail his  reasons  therefor,  and  the  commissioner  of  labor  may  issue 
an  order  cancelling  the  employment  certificate  of  such  child.  Such 
order  of  cancellation  shall  be  served,  and  the  child's  employment 
certificate  delivered  up,  as  provided  in  subdivision  two  thereof,  and 
no  such  child  while  the  said  order  of  cancellation  remains  unre- 
voked  shall  be  permitted  or  suffered  to  work  in  any  factory  of  the 
state  before  it  attains  the  age  of  sixteen  years.]  or  if  upon  a  subse- 
quent physical  examination  of  the  child  [by  a  medical]  the  in- 
spector [of  the  department  of  labor  it  appears]  finds  that  the  phys- 
ical infirmities  have  been  removed,  [such  medical  inspector  shall 
certify  to  that  effect  to  the  commissioner  of  labor,  and]  the  com- 
missioner [of  labor]  may  [thereupon  make]  file  in  the  depart- 
ment an  order  revoking  [the]  such  cancellation  [of  the  employ- 
ment certificate]  and  may  return  the  certificate  to  such  child.  A 
certified  copy  of  the  order  [of  revocation]  shall  be  served  [in  the 
manner  provided  in  subdivision  two  hereof.]  on  the  board  of 
health  or  other  local  authority  that  issued  the  certificate. 

§  1-19.  Physical  examination  of  females.  Whenever  a  female  is 
required  to  submit  to  a  physical  examination  by  a  physician  or  sur- 
geon, except  under  the  provisions  of  sections  one  hundred  and 
eight  and  one  hundred  and  nine  she  shall  be  entitled  to  have  the 
examination  made  by  a  person  of  her  own  sex.  No  employer  shall 
require  or  attempt  to  require  a  female  to  submit  to  physical 
nation  by  a  person  not  of  her  own  sex. 


Seats  for  female  employees.  [Every  person  em- 
ploying females  in  a  factory  or  as  waitresses  in  a  hotel  or  restau- 
rant shall  provide  and  maintain  suitable  seats,  with  proper  backs 
where  practicable,  for  the  use  of  such  female  employees,  and 
permit  the  use  thereof  by  such  employees  to  such  an  extent  as 


PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW.         473 

may  be  reasonable  for  the  preservation  of  their  health.  Where 
females  are  engaged  in  work  which  can  be  properly  performed 
in  a  sitting  posture,  suitable  seats,  with  backs  where  practicable, 
shall  be  supplied  in  every  factory  for  the  use  of  all  such  female 
employees  and  permitted  to  be  used  at  such  work.  The  industrial 
board  may  determine  when  seats,  with  or  without  backs,  are  neces- 
sary and  the  number  thereof.]  A  sufficient  number  of  chairs, 
stools  or  other  suitable  seats,  with  backs  where  practicable, 
shall  be  provided  and  maintained  in  every  factory,  mercantile 
establishment,  hotel  and  restaurant  for  the  use  of  the  female  em- 
ployees therein,  who  shall  be  allowed  to  use  the  seats  to  such  an 
extent  as  may  be  reasonable  for  the  preservation  of  their  health. 
In  factories,  female  employees  shall  be  allowed  to  utc  such  seats 
whenever  they  are  engaged  in  work  which  can  be  properly  per- 
formed in  a  sitting  posture.  In  mercantile  establishments,  at 
least  one  seat  shall  be  provided  for  every  three  female  employees 
and  if  the  duties  of  such  employees  ure  to  be  principally  per- 
formed in  front  of  a  counter,  table,  desk  or  fixture,  such  seats 
shall  be  placed  in  front  thereof,  or  if  such  duties  are  to  be  prin- 
cipally performed  behind  such  table,  desk  or  fixture,  such  seats 
shall  be  placed  behind  the  same. 

ARTICLE  5. 

HOURS  OF  LABOR. 
TITLE  I.     GENERAL. 

Section  125.  Hours  to  constitute  a  day's  work. 

126.  Brickyards. 

127.  Street  railroads. 

128.  Steam  and  other  railroads. 

129.  Signalmen. 

130.  Messengers. 

131.  Time  allowed  for  meals. 

132.  One  day  of  rest  in  seven. 

TITLE  II.     FACTORIES. 

Section  135.  Children  under  sixteen. 

136.  Males  "between  sixteen  and  eighteen. 

187.  Females  over  sixteen. 

138.  Females  over  eighteen  in  canneries. 

139.  Period  of  rest  at  night  for  women. 

140.  Enforcement  of  this  title. 


474         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

TITLE    III.     MERCANTILE    AND    OTHER    ESTABLISHMENTS. 

Section  142.  Children  under  sixteen. 
J43.  Females  over  sixteen. 

TITLE  I.     GENERAL. 

§  125.  Hours  to  constitute  a  day's  work.  Unless  otherwise 
provided  l>y  law,  the  following  number  of  hours  shall  constitute 
a  legal  day's  work: 

1.  For  street  surface  and  elevated  railroad  employees  affected 
by  section  one  hundred  and  twenty-seven,,  ten  consecutive  hours, 
including  one-half  hour  for  dinner. 

2.  For  employees  engaged  in  the  operation  of  steam  or  electric 
surface,  subway  or  elevated  railroads  where  the  mileage  system  of 
running  trains  is  not  in  use,  except  those  employees  affected  by 
section  one  hundred  and  twenty-nine,  ten  hours,  performed  within 
twelve  consecutive  hours. 

3.  For  all  other  employees,  except  those  engaged  in  farm  or 
domestic  service  and  those  affected  by  subdivision  four  of  section 
one  hundred  and  fifty,  eight  hours. 

This  section  does  not  prevent  an  ugreement  for  overwork  at  an 
increased  compensation,  except  upon  work  by  or  for  the  state  or 
a  municipal  corporation,  or  by  contractors  or  subcontractors  there- 
with. 


Hours  of  labor  in  brickyards.  Ten  hours,  exclu- 
sive of  the  necessary  time  for  meals,  shall  constitute  a  legal  day's 
work  in  the  making  of  brick  in  brickyards  owned  or  operated  by 
corporations.  No  corporation  owning  or  operating  such  brickyard 
shall  require  employees  to  work  more  than  ten  hours  in  any  one 
day,  or  to  commence  work  before  seven  o'clock  in  the  morning. 
But  overwork  and  work  prior  to  seven  o'clock  in  the  morning  for 
extra  compensation  may  be  performed  by  agreement  between  em- 
ployer and  employee. 

§  [6]  127.  [Hours  of  labor  on  s]  Street  [surface  and  ele- 
vated] railroads.  [Ten  consecutive  hours'  labor,  including  one- 
half  hour  for  dinner,  shall  constitute  a  day's  labor  in  the  opera- 
tion of  all  street  surface  and  elevated  railroads,  of  whatever 
motive  power,  owned  or  operated  by  corporations  in  this  state, 
whose  main  line  of  travel,  or  whose  routes  lie  principally  within 
the  corporate  limits  of  cities  of  the  first  and  second  class.  No 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         475 

employees  of  any  such  corporation  shall  be  permitted  or  allowed 
to  work  more  than  ten  consecutive  hours,  including  one-half  hour 
for  dinner,  in  any  one  day  of  twenty-four  hours.  In  cases  of 
accident  or  unavoidable  delay,  extra  labor  may  be  performed  for 
extra  compensation.]  Except  in  cases  of  accident  or  unavoid- 
able delay,  no  employee  engaged  in  the  operation  of  &  street  sur- 
face or  elevated  railroad  of  whatever  motive  power,  owned  or 
operated  by  a  corporation,  whose  main  line  or  route  of  travel  lies 
principally  within  a  city  of  the  first  or  second  class,  shall  be  em- 
ployed more  than  ten  consecutive  hours,  including  one-half  hour 
for  dinner,  in  uny  day. 

§  [7]  128.  [Regulation  of  hours  of  labor  on  s]$team  [surface] 
and  other  railroads.  [Ten  hours'  labor,  performed  within  twelve 
consecutive  hours,  shall  constitute  a  legal  day's  labor  in  the  opera- 
tion of  steam  surface,  electric,  subway  and  elevated  railroads 
operated  within  the  state,  except  where  the  mileage  system  of  run- 
ning trains  is  in  operation.]  1.  No  person  or  corporation  oper- 
ating any  [such]  steam  or  electric  surface,  subway  or  elevated 
railroad  of  thirty  miles  or  more  in  length,  [or  over,  in  whole  or  in 
part]  wholly  or  partly  within  this  state,  except  where  the  mileage 
system  of  running  trains  is  in  operation,  shall  permit  or  require 
any  conductor,  engineer,  fireman,  trainman,  motorman  or  assistant 
motorman,  engaged  in  or  connected  with  the  movement  of  any 
train  on  [any]  such  railroad,  to  be  or  remain  on  duty  for  a  longer 
period  than  sixteen  consecutive  hours.  [,  and  w]  When  ever  any 
such  [conductor,  engineer,  fireman,  trainman,  motorman  or  assist- 
ant motorman]  employee  shall  have  been  continuously  on  duty  for 
sixteen  hours  he  shall  be  relieved  and  not  required  or  permitted 
again  to  go  on  duty  until  he  has  had  at  least  ten  consecutive  hours 
off  duty,  [and  n]7Vo  such  [conductor,  engineer,  fireman,  train- 
man, motorman  or  assistant  motorman]  employee  who  has  been 
on  duty  sixteen  hours  in  the  aggregate  in  any  twenty-four  hour 
period  shall  be  required  or  permitted  to  continue  or  again  go  on 
duty  without  having  had  at  least  eight  consecutive  hours  off  duty. 
[,  except] 

2.  This  section  does  not  apply  to  any  such  employee  when 
(a)  by  casualty  occurring  after  he  [has]  started  on  his  trip, 
[and  except  when]  or  (b)  by  unknown  casualty  occurring  before 
he  started  on  his  trip,  or  (c)  by  accident  to  or  unexpected  delay 
of  trains  scheduled  to  make  connection  with  the  train  on  which  he 
is  serving,  he  is  prevented  from  reaching  his  terminal.  [The 


476         PROPOSED  KE CODIFICATION  OF  THE  LABOR  LAW, 

commissioner  of  labor  shall  appoint  a  sufficient  number  of  in- 
spectors to  enforce  the  provisions  of  this  section.] 

§  [8]  129.  [Regulation  of  hours  of  labor  of  block  system  tele- 
graph and  telephone  operators  and  s] /Signalmen,  [on  surface,  sub- 
way and  elevated  railroads.  The  provisions  of  section  seven  of  this 
chapter  shall  not  be  applicable  to  employees  mentioned  herein.  It 
shall  be  unlawful  for  any  corporation  or  receiver,  operating  a  line 
of  railroad,  either  surface,  subway  or  elevated,  in  whole  or  in  part 
in  the  state  of  New  York,  or  any  officer,  agent  or  representative  of 
such  corporation  or  receiver  to  require  or  permit  any  telegraph  or 
telephone  operator  who  spaces  trains  by  the  use  of  the  telegraph 
or  telephone  under  what  is  known  and  termed  the  "  block  system  " 
(defined  as  follows) :  Reporting  trains  to  another  office  or  offices 
or  to  a  train  dispatcher  operating  one  or  more  trains  under  signals, 
and  telegraph  or  telephone  levermen  who  manipulate  interlocking 
machines  in  railroad  yards  or  on  main  tracks  out  on  the  lines  or 
train  dispatchers  in  its  service  whose  duties  substantially,  as 
hereinbefore  set  forth,  pertain  to  the  movement  of  cars,  engines  or 
trains  on  its  railroad  by  the  use  of  the  telegraph  or  telephone  in 
dispatching  or  reporting  trains  or  receiving  or  transmitting  train 
orders  as  interpreted  in  this  section,  to  be  on  duty  for  more  than 
eight  hours  in  a  day  of  twenty-four  hours,  and  it  is  hereby  declared 
that  eight  hours  shall  constitute  a  day  of  employment  for  all 
laborers  or  employees  engaged  in  the  kind  of  labor  aforesaid ;  ex- 
cept in  cases  of  extraordinary  emergency  caused  by  accident,  fire, 
flood  or  danger  to  life  or  property,  and  for  each  hour  of  labor  so 
performed  in  any  one  day  in  excess  of  such  eight  hours,  by  any 
such  employee,  he  shall  be  paid  in  addition  at  least  one-eighth  of 
his  daily  compensation.  Any  person  who  is  employed  as  signal- 
man, towerman,  gateman,  telegraph  or  telephone  operator  in  a 
railroad  signal  tower  or  public  railroad  station  to  receive  or  trans- 
mit a  telegraphic  or  telephonic  message  or  train  order  for  the 
movement  of  trains  and  who  works  eight  hours  or  more  in  any 
twenty-four  each  and  every  day  continuously,  and  all  gatemen  so 
employed  must  have  at  least  two  days  of  twenty-four  hours  each 
in  every  calendar  month  for  rest  with  the  regular  compensation ; 
subject  to  the  foregoing  provisions  relating  to  extra  service  in  cases 
of  emergency.  Any  person  or  persons,  company  or  corporation, 
who  shall  violate  any  of  the  provisions  of  this  section,  shall,  on 
conviction,  be  fined  in  the  sum  of  not  less  than  one  hundred  dollars, 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         477 

and  such  fine  shall  he  recovered  by  an  action  in  the  name  of  the 
state  of  New  York,  for  the  use  of  the  state,  which  shall  sue  for  it 
against  such  person,  corporation  or  association  violating  this  sec- 
tion, said  suit  to  be  instituted  in  any  court  in  this  state  having 
appropriate  jurisdiction.  Such  fine,  when  recovered  as  aforesaid, 
shall  be  paid  without  any  deduction  whatever,  one-half  thereof  to 
the  informer,  and  the  balance  thereof  to  be  paid  into  the  free  school 
fund  of  the  state  of  New  York.  The  provisions  of  this  section 
shall  not  apply  to  any  part  of  a  railroad  where  not  more  than 
eight  regular  passenger  trains  in  twenty-four  hours  pass  each  way ; 
provided,  moreover,  that  where  twenty  freight  trains  pass  each 
way  generally  in  each  twenty-four  hours  then  the  provisions  of 
this  section  shall  apply,  notwithstanding  that  there  may  pass  a 
less  number  of  passenger  trains  than  hereinbefore  set  forth,  namely 
eight] 

1.  The  term  "  signalman  "  when  used  in  this  section  means: 

a.  A  telegraph  or  telephone  operator  who  reports  trains  to  an- 

other office  or  to  a  train  dispatcher  operating  one  or  more 
trains  under  signals- 

b.  A  telegraph  or  telephone  leverman  who  manipulates  inter- 

locking machines  in  railroad  yards  or  on  main  tracks  out 
on  the  lines. 

c.  A  train  dispatcher  whose  duties  pertain  to  the  movement  of 

cars,  engines  or  trains,  by  use  of  the  telegraph  or  telephone 
in  dispatching  or  reporting  trains  or  receiving  or  trans- 
mitting train  orders. 

2.  The  term  "  railroad  "  when  used  in  this  section  means  any 
portion  of  a  surface,  subway  or  elevated  railroad  situated  wholly 
or  partly  in  this  state  and  operated  by  a  corporation  or  receiver 
on  which  portion  at  least  twenty  freight  trains  on  the  average  or 
nine  regular  passenger  trains  pass  each  way  in  every  twenty-four 
hours. 

3.  No  signalman  shall  be  employed  on  any  railroad  for  more 
than  eight  hours  in  any  day   except  in  cases  of  extraordinary 
emergency  caused  by  accident,  fire,  flood  or  danger  to  life  or  prop- 
erty and  he  shall  be  paid  for  each  hour  of  such  overtime  at  least 
one-eighth  of  his  daily  compensation. 

4-  Every  signalman  and  every  towerman  or  gateman  performing 
duties  similar  to  those  of  a  signalman,  who  is  employed  for  eight 


4Y8         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

hours  or  more  every  day  shall  be  allowed  at  least  two  days  of  rest 
of  twenty-four  hours  each  in  every  calendar  month  with  the 
regular  compensation,  except  in  cases  of  extraordinary  emer- 
gency caused  by  accident,  fire,  flood,  or  danger  to  life  or  property. 

§  [161-a.]  130.  [Hours  of  l?bor  of  m]  Messengers.  In  cities 
of  the  first  or  second  class  no  person  under  the  age  of  twenty-one 
years  shall  be  employed  [or  permitted  to  work]  as  a  messenger 
for  a  telegraph  or  messenger  company  in  the  distribution,  trans- 
mission or  delivery  of  goods  or  messages  before  five  o'clock  in 
the  morning  or  after  ten  o'clock  in  the  evening  [of  any  day]. 

§  [89]  131.  Time  allowed  for  meals.  Every  person  employed 
in  [each]  or  in  connection  with  any  factory,  mercantile  or  other 
establishment  specified  in  section  one  hundred  and  five  shall  be 
allowed  at  least  sixty  minutes  [shall  be  allowed]  for  the  noonday 
meal,  unless  the  commissioner  [of  labor]  shall  permit  a  shorter 
time.  Such  permit  [must]  shall  be  in  writing  and  shall  be  kept 
conspicuously  posted  in  the  main  entrance  of  the  [factory]  estab- 
lishment [and]  but  it  may  be  revoked  at  any  time.  Where 
[employees  are  required  or  permitted  to  work]  any  person  is  em- 
ployed overtime  [for  more  than  one  hour]  after  [six]  seven 
o'clock  in  the  evening,  [they],  he  shall  be  allowed  at  least  twenty 
minutes  to  obtain  a  lunch,  before  beginning  to  work  overtime. 

§  [8-a]  132.  One  day  of  rest  in  seven.  1.  Every  employer  [of 
labor  engaged  in  carrying  on  any]  operating  a  factory  or  mercan- 
tile establishment  [in  this  state]  shall  allow  every  person,  except 
those  specified  in  subdivision  two,  employed  in  or  in  connection 
with  such  factory  or  mercantile  establishment  at  least  twenty-four 
consecutive  hours  of  rest  in  every  seven  consecutive  days.  No  em- 
ployer shall  operate  any  such  factory  or  mercantile  establishment 
on  Sunday  unless  he  [shall  have]  has  complied  with  subdivision 
three.  [Provided,  however,  that  t]This  section  [shall]  does  not 
authorize  any  work  on  Sunday  not  now  or  hereafter  authorized  by 
law. 

2.  [This  section  shall  not  apply  to 

(a)  Janitors; 

(b)  Watchmen; 

(c)  Employees  whose  duties  include  not  more  than  three  hours' 
work  on  Sunday  in  (1)  setting  sponges  in  bakeries;  (2)  caring 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         479 

for  live  animals;  (3)  maintaining  fires;  (4)  necessary  repairs  to 
boilers  or  machinery. 

(d)  Superintendents  or  foremen  in  charge.]  This  section  does 
not  apply  to  males  over  the  age  of  eighteen  years  employed  as 
janitors,  watchmen,  superintendents  or  foremen  in  charge,  nor 
to  male  employees  over  the  age  of  eighteen  years  whose  duties  in- 
clude not  more  than  three  hours'  work  on  Sunday  in  (a)  setting 
sponges  in  bakeries;  (b)  caring  for  live  animals;  (c)  maintaining 
fires,  (d)  making  necessary  repairs  to  boilers  or  machinery. 

3.  Before  operating  on  Sunday,  every  employer  shall  post  in  a 
conspicuous  place  on  the  premises  a  schedule  containing  a  list  of 
his  employees  who  are  required  or  allowed  to  work  on  Sunday 
and  designating  the  day  of  rest  for  each,  and  shall  file  a  copy  of 
such  schedule  with  the  commissioner  [of  labor].     The  employer 
shall  promptly  file  with  the  [said]  commissioner  a  copy  of  every 
change  in  such  schedule.     No  [employee]  person  shall  be  [re- 
quired or  allowed  to  work]  employed  on  the  day  of  rest  so  desig- 
nated for  him. 

4.  Every  employer  shall  keep  a  time-book,  in  a  form  approved 
by  the  commissioner,  showing  the  names  and  addresses  of  all  em- 
ployees and  the  hours  worked  by  each  of  them  in  each  day[,  and 
such  time-book  shall  be  open  to  inspection  by  the  commissioner 
of  labor]. 

5.  The  industrial  board  at  any  time  when  the  preservation  of 
property,  life  or  health  requires,  may  except  specific  cases  for 
specified  periods  from  the  provisions  of  this  act  by  written  orders 
which  shall  be  recorded  as  public  records. 

TITLE  II.     FACTORIES. 

§  135.  Children  under  sixteen.  No  child  under  the  age  of  six- 
teen years  shall  be  employed  in  or  in  connection  with  a  factory 
before  eight  o'clock  in  the  morning,  or  after  five  o'clock  in  the 
evening  or  more  than  eight  hours  in  any  day,  or  more  than  six 
days  in  any  week. 

§  136.  Males  between  sixteen  and  eighteen.  No  male  over  the 
age  of  sixteen  years  and  under  the  age  of  eighteen  years  shall  be 
employed  in  a  factory,  except  in  canning  or  preset  i  fnjy  perishable 
products  between  the  fifteenth  day  of  June  and  the  fifteenth  day  of 
October  in  each  year, 


480         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(b)  More  than  nine  hours  in  any  day,  except  that  he  may  be 
employed  not  more  than  ten  hours  in  any  day, 

(1)  Regularly  on  not  more  than  five  days  a  week  in  order 
to  make  a  short  day  or  holiday  on  one  of  the  six  working 
days  of  the  week;  or 

(2)  Irregularly  on  not  more  than  three  days  a  week. 

In  no  case  shall  such  person  be  employed  between  the  hours  of 
twelve  midnight  and  four  o'clock  in  the  morning. 

§  137.  Females  over  sixteen.  No  female  over  the  age  of  sixteen 
years  shall  be  employed  in  a  factory,  except  as  provided  in  section 
one  hundred  and  thirty-eight, 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(b)  More  than  nine  hours  in  any  day,  except  that  she  may  be 
employed  not  more  than  ten  hours  in  any  day, 

(1)  Regularly  on  not  more  than  five  days  a  week  in  order 
to  make  a  short  day  or  holiday  on  one  of  the  six  working  days 
of  the  week;  or 

(#)   Irregularly  on  not  more  than  three  days  a  week. 

In  no  case  shall  a  female  under  the  age  of  twenty-one  years  be 
employed  in  a  factory  before  six  o'clock  in  the  morning  or  after 
nine  o'clock  in  the  evening. 

§  C^83  1^8 •  [Exceptions]  Females  over  eighteen  in  canneries. 
[1.  A  female  sixteen  years  of  age  or  upwards  and  a  male  between 
the  ages  of  sixteen  and  eighteen  may  be  employed  in  a  factory 
more  than  nine  hours  a  day:  (a)  regularly  in  not  to  exceed  five 
days  a  week,  in  order  to  make  a  short  day  or  holiday  on  one  of 
the  six  working  days  of  the  week;  (b)  irregularly  in  not  to  exceed 
three  days  a  week ;  provided  that  no  such  person  shall  be  required 
or  permitted  to  work  more  than  ten  hours  in  any  one  day  or  more 
than  fifty-four  hours  in  any  one  week,  and  that  the  provisions  of 
the  preceding  section  as  to  notice  or  time  book  be  fully  complied 
with. 

2.  The  provisions  of  subdivision  two  of  section  seventy-seven 
relating  to  maximum  hours  shall  not  apply  to  the  employment  of 
male  minors  sixteen  years  of  age  and  upwards  in  canning  or  pre- 
serving perishable  products  in  fruit  and  canning  establishments 
between  the  fifteenth  day  of  June  and  the  fifteenth  day  of  October 
each  year. 


D  RECODI^ICATIOW  OF  THK  LABOR  LAW.         481 


3.  A  female  eighteen  years  of  age  or  upwards  may,  notwith- 
standing the  provisions  of  subdivision  three  of  section  seventy- 
seven  of  this  chapter,  be  employed  in  canning  or  preserving  perish- 
able products  in  fruit  and  canning  establishments  between  the 
fifteenth  day  of  June  and  the  fifteenth  day  of  October  in  each 
year  not  more  than  six  days  or  sixty  hours  in  any  one  week  nor 
more  than  ten  hours  in  any  one  day  ;  and  the  industrial  board  shall 
have  power  to  adopt  rules  and  regulations  permitting  the  employ- 
ment of  women  eighteen  years  of  age  and  upwards  on  such  work 
in  such  establishments  between  the  twenty-fifth  day  of  June  and 
the  fifth  day  of  August  in  each  year  not  more  than  six  days  nor 
more  than  sixty-six  hours  in  any  one  week  nor  more  than  twelve 
hours  in  any  one  day,  if  said  board  shall  find  that  such  employ- 
ment is  required  by  the  needs  of  such  industry  and  can  be  per- 
mitted without  serious  injury  to  the  health  of  women  so  employed. 
The  provisions  of  this  subdivision  shall  have  no  application  unless 
the  daily  hours  of  labor  shall  be  posted  for  the  information  of 
employees  and  a  time  book  in  a  form  approved  by  the  commis- 
sioner of  labor,  giving  the  names  and  addresses  of  all  female  em- 
ployees and  the  hours  of  work  by  each  of  them  in  each  day  shall 
be  properly  and  correctly  kept  and  shall  be  exhibited  to  him  or 
any  of  his  subordinates  promptly  upon  demand.     No  person  shall 
knowingly  make  or  permit  or  suffer  to  be  made  a  false  entry  in 
any  such  time  book. 

4.  In  a  prosecution  for  a  violation  of  any  provision  of  this  or 
of  the  preceding  section  the  burden  of  proving  a  permit  or  excep- 
tion shall  be  upon  the  party  claiming  it]     A  female  over  the 
age  of  eigliteen  years  may  be  employed  in  canning  or  preserving 
perishable  products  between  ike  fifteenth  day  of  June  and  the 
fifi^vmn  day  of  October  in  each  year  not  more  than  ten  hours  in 
any  day  nor  more  than  six  days  or  sixty  hours  in  any  week,  but 
the  industrial  board  may  adopt  rules  permitting  such  employment 
between  the  twenty-fifth  day  of  June  and  the  fifth  day  of  August 
in  each  year  not  more  than  twelve  hours  in  any  day  nor  more  than 
six  days  or  sixty-six  hours  in  any  week,  if  it  finds  that  such  em- 
ployment is  required  by  the  needs  of  the  industry  and  can  be  per- 
mitted without  serious  injury  to  the  health  of  the  women  so  em- 
ployed. 


482         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

§  [93-b]-/3P.  Period  of  rest  at  night  for  women.  In  order  to 
protect  the  health  and  morals  of  females  employed  in  factories  by 
providing  an  adequate  period  of  rest  at  night  no  woman  shall  he 
employed  or  permitted  to  wo-rk  in  any  factory  Jin  this  state] 
before  six  o'clock  in  the  morning  or  after  ten  o'clock  in  the  even- 
ing of  any  day. 

§  [77 J -Z-40.  [Hours  of  lahor  of  children,  minors  and  women] 
Enforcement  of  this  title.  [1.  No  child  under  the  age  of  sixteen 
years  shall  be  employed  or  permitted  to  work  in  or  in  connection 
with  any  factory  in  this  state  before  eight  o'clock  in  the  morning, 
or  after  five  o'clock  in  the  evening  of  any  day,  or  for  more  than 
eight  hours  in  any  one  day,  or  more  than  six  days  in  any  one  week. 

2.  No  male  minor  under  the  age  of  eighteen  years  shall  be  em- 
ployed or  permitted  to  work  in  any  factory  in  this  state  more  than 
six  days  or  fifty-four  hours  in  any  one  week,  or  for  more  than 
nine  hours  in  any  one  day,  except  as  hereinafter  provided ;  nor 
between  the  hours  of  twelve  midnight  and  four  o'clock  in  the 
morning. 

3.  No  female  minor  under  the  age  of  twenty-one  years  and  no 
woman  shall  be  employed  or  permitted  to  work  in  any  factory  in 
this  state  more  than  six  days  or  fifty-four  hours  in  any  one  week ; 
nor  for  more  than  nine  hours  in  any  one  day  except  as  hereinafter 
provided.     No  female  minor  under  the  age  of  twenty-one  years 
shall  be  employed  or  permitted  to  work  in  any  factory  in  this  state 
before  six  o'clock  in  the  morning  or  after  nine  o'clock  in  the  even- 
ing of  any  day.] 

[4]  1.  A  [printed]  notice,  [in] on  a  [form  which  shall  be] 
blank  furnished  by  the  commissioner  [of  labor],  stating  the  num- 
ber of  hours  per  day  for  each  day  of  the  week  required  of  [such] 
all  persons  subject  to  the  provisions  of  this  title,,  and  the  time  when 
such  work  shall  begin  and  end,  shall  be  kept  posted  in  a  con- 
spicuous place  in  each  room  where  they  are  employed.  [But  such 
persons  may  begin  their  work  after  the  time  for  beginning  and 
stop  before  the  time  for  ending  such  work,  mentioned  in  such 
notice,  but  they  shall  not  otherwise  be  employed,  permitted  or 
suffered  to  work  in  such  factory  except  as  stated  therein.] 

The  terms  of  [such]  the  notice  shall  not  be  changed  after  the 
beginning  of  labor  on  the  first  day  of  the  week  without  the  con- 
sent of  the  commissioner  [of  labor].  The  presence  of  any  such 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         483 

person[s]  in  the  factory  at  any  other  hours  than  those  stated  in 
the  [printed]  notice,  or,  if  no  such  notice  [be]  is  posted,  before 
seven  o'clock  in  the  morning  or  after  six  o'clock  in  the  evening, 
shall  constitute  prima  facie  evidence  of  a  violation  of  [this]  the 
section  relating  to  the  hours  of  labor  of  such  person. 

[5]  2.  In  a  factory  wherein,  owing  to  the  nature  of  the  work, 
it  is  practically  impossible  to  fix  the  hours  of  labor  weekly  in  ad- 
vance the  commissioner  [of  labor],  upon  an  [proper]  applica- 
tion stating  facts  showing  the  necessity  therefor,  shall  grant  a 
permit  dispensing  with  the  notice  [hereinbefore]  required  in 
this  section,  [upon  condition  that] 

3.  In  every  factory  operating  under  such  a  permit,  or  employ- 
ing females  under  section  one  hundred  und  thirty-eight,  a  notice 
stating  the  daily  hours  of  labor  shall  be  posted  for  the  information 
of  employees  and  [that]  a  time  book  in  a  form  to  be  approved  by 
[him]'  the  commissioner,  giving  the  names  and  addresses  of  all 
[[female]  employees  who  are  subject  to  this  section,  and  the  hours 
worked  by  each  of  them  in  each  day,  shall  be  [properly  and  cor- 
rectly] kept[,  and  shall  be  exhibited  to  him  or  any  of  his  sub- 
ordinates promptly  upon  demand.     Such]. 

4.  The  permit  shall  be  kept  posted  in  [such]  a  conspicuous 
place  in  [such]  the  factory,     [as  such  commissioner  may  pre- 
scribe, and  may  be  revoked  by  such]  The  commissioner  [at  any 
time]  may  revoke  the  permit  for  failure  to  [post]  keep  it  or  the 
daily  hours  of  labor  posted,  or  to  keep  [or  exhibit  such]  the  time 
book  as  herein  provided. 

[6]5.  Where  a  female  or  male  minor  is  employed  in  two  or 
more  factories  or  mercantile  establishments,  or  in  one  factory  and 
one  mercantile  establishment,  in  the  same  day  or  week  the  total 
time  of  employment  must  not  exceed  that  allowed  per  day  or  week 
in  a  single  factory  or  mercantile  establishment;  and  any  person 
who  shall  require  or  permit  a  female  to  work  in  a  factory  between 
the  hours  of  six  o'clock  in  the  evening  and  seven  o'clock  in  the 
morning  in  violation  of  the  provisions  of  this  subdivision  of  this 
section,  with  or  without  knowledge  of  the  previous  or  other  em- 
ployment, shall  be  liable  for  a  violation  thereof. 

6.  In  a  prosecution  for  a  violation  of  any  provision  of  this 
title  the  burden  of  proving  a  permit  or  exception  shall  be  upon 
the  party  claiming  it. 


484         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

TITLE  III.     MERCANTILE  AND   OTHER  ESTABLISHMENTS. 


§  [161.  114®'  [Hours  of  labor  of  minors.]  Children  under  six- 
teen. No  child  under  the  age  of  sixteen  years  shall  be  employed^, 
permitted  or  suffered  to  work]  in  or  in  connection  with  any  mer- 
cantile establishment,  business  office,  or  telegraph  office,  restaurant, 
hotel,  apartment-house,  theatre  or  other  place  of  amusement, 
bowling  alley,  barber  shop,  shoe-polishing  establishment,  or  in  the 
distribution  or  transmission  of  merchandise,  articles  or  messages, 
or  in  the  [distribution  or]  sale  of  articles  [more  than  six  days  or 
fifty-four  hours  in  any  one  week,  or  more  than  nine  hours  in  any 
one  day,  or  before  eight  o'clock  in  the  morning  or  after  seven 
o'clock  in  the  evening  of  any  day.  The  foregoing  provision  shall 
not  apply  to  any  employment  prohibited  or  regulated  by  section 
four  hundred  and  eighty-five  of  the  penal  law.  No  female  em- 
ployee shall  be  required,  permitted  or  suffered  to  work  in  or  in 
connection  with  any  mercantile  establishment  in  any  second  class 
city  more  than  fifty-four  hours  in  any  one  week,  and  elsewhere 
more  than  sixty  hours  in  any  one  week  ;  or  more  than  nine  hours 
in  any  one  day  in  any  second  class  city;  or  elsewhere  more  than 
ten  hours  in  any  one  day,  unless  for  the  purpose  of  making  a 
shorter  work  day  of  some  one  day  of  the  week;  or  before  seven 
o'clock  in  the  morning  or  after  six  o'clock  in  the  evening  of  any 
day  in  any  second  class  city,  or  elsewhere  after  ten  o'clock  in  the 
evening  of  any  day.  This  section  does  not  apply  to  the  employ- 
ment of  persons  sixteen  years  of  age  or  upward  on  Saturday,  pro- 
vided the  total  number  of  hours  of  labor  in  a  week  of  any  such 
person  does  not  exceed  fifty-four  hours  in  any  second  class  city 
or  elsewhere  sixty  hours,  nor  to  the  employment  of  persons  during 
the  five  days  preceding  the  twenty-fifth  day  of  December  in  any 
second  class  city,  or  elsewhere  between  the  eighteenth  day  of 
December  and  the  following  twenty-fourth  day  of  December,  both 
inclusive.  Not  less  than  forty-five  minutes  shall  be  allowed  for 
the  noonday  meal  of  the  employees  of  any  such  establishment. 
Whenever  any  employee  is  employed  or  permitted  to  work  after 
seven  o'clock  in  the  evening,  such  employee  shall  be  allowed  at 
least  twenty  minutes  to  obtain  lunch  or  supper  between  five  and 
seven  o'clock  in  the  evening.] 

(a)   More  than  six  days  or  forty-eight  hours  in  any  week; 
(6)   Before  eight  o'clock  in  the  morning  or  after  six  o'clock  "'ri 
the  evening; 

(c)   More  than  eight  hours  in  any  day. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         485 

This  section  does  not  apply  to  any  employment  prohibited  or 
regulated  by  section  four  hundred  and  eighty-five  of  the  penal 
law. 

§  143.  Females  over  sixteen.  Except  from  the  eighteenth  day 
of  December  to  the  following  twenty-fourth  day  of  December,  both 
inclusive,  no  female  over  the  age  of  sixteen  years  shall  be  employed 
in  or  in  connection  with  any  mercantile  establishment. 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(b)  Before  seven  o'clock  in  the  morning  or  after  ten  o'clock 
in  the  evening; 

(c)  More  than  nine  hours  in  any  day,  except  that  she  may  be 
employed  more  than  nine  hours  per  day  in  order  to  make  a  short 
day  or  holiday  of  one  of  the  six  working  days  of  the  week. 

ARTICLE  6. 

PAYMENT   OF    WAGES. 

Section  145.  Cash  payment  of  wages. 

146.  When  wages  are  to  be  paid. 

147.  Assignment  of  future  wages. 

§  [10J./.45.  Cash  payment  of  wages.  [Every  manufac- 
turing, mining,  quarrying,  mercantile,  railroad,  street  railway, 
canal,  steamboat,  telegraph  and  telephone  company,  every  express 
company,  every  corporation  engaged  in  harvesting  and  storing  ice, 
and  every  water  company,  not  municipal,  and  every  person,  firm 
or  corporation,  engaged  in  or  upon  any  public  work  for  the  state 
or  any  municipal  corporation  thereof,  either  as  a  contractor  or  a 
subcontractor  therewith,  shall  pay  to  each  employee  engaged  in 
his,  their  or  its  business  the  wages  earned  by  such  employee  in 
cash.  ~No  such  company,  person,  firm  or  corporation  shall  here- 
after pay  such  employees  in  scrip,  commonly  known  as  store 
money-orders.  No  person,  firm  or  corporation  engaged  in  carrying 
on  public  work  under  contract  with  the  state  or  with  any  munici- 
pal corporation  of  the  state,  either  as  a  contractor  or  subcontractor 
therewith,  shall,  directly  or  indirectly,  conduct  or  carry  on  what 
is  commonly  known  as  a  company  store  if  there  shall,  at  the  time 
be  any  store  selling  supplies,  within  two  miles  of  the  place  where 
such  contract  is  being  executed.  Any  person,  firm  or  corporation 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 


486         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

demeanor.]  1.  The  following  employers  shall  pay  in  cash  to  each 
employee  engaged  in  their  respective  businesses  the  wages  earned 
by  such  employee: 

(a)  Manufacturing,  mining,   quarrying,  mercantile,  railroad, 
street  railway,  steamboat,  canal,  telegraph,  telephone  or  express 
corporations  or  joint-stock  associations. 

(b)  Nonmunicipal  water  corporations  or  joint-stock  associa- 
tions. 

(c)  Corporations  or  joint-stock  associations  engaged  in  harvest- 
ing or  storing  ice. 

2.  No  such  .employer  shall  pay  such  employees  in  scrip  com- 
monly known  as  store  money-orders. 


§  [11]  ^tf.  When  wages  are  to  be  paid.  1.  [Every  corpora- 
tion or  joint-stock  association,  or  person  carrying  on  the  business 
thereof  by  lease  or  otherwise,  shall  pay  weekly  to  each  employee 
the  wages  earned  by  him  to  a  day  not  more  than  six  days  prior 
to  the  date  of  such  payment.  But  e]!Z?very  '[person  or]  cor- 
poration or  joint-stock  association  operating  a  steam  sur- 
face railroad,  or  person  carrying  on  the  business  thereof  by 
lease  or  otherwise  shall,  on  or  before  the  first  day  of  each  month, 
pay  [the]  to  each  employee[s  thereof]  the  wages  earned  by 
[them]  him  during  the  first  half  of  the  preceding  calendar  month 
ending  with  the  fifteenth  day  thereof,  and  on  or  before  the  fifteenth 
day  of  each  month  pay  [the]  to  each  employ  ee[s  thereof]  the 
wages  earned  by  [them]  him  during  the  last  half  of  the  preceding 
calendar  month. 

2.  Every  other  corporation  or  joint-stock  association,  or  person 
carrying  on  the  business  thereof  by  lease  or  otherwise,  shall  pay 
weekly  to  each  employee  the  wages  earned  by  him  to  a  day  not 
more  than  six  days  prior  to  the  date  of  such  payment. 

3.  No  person  shall  require  from  any  employee  as  a  condition 
of  employment  any  agreement  to  accept  wages  at  other  periods 
than  as  provided  in  this  section. 

§  [13]  147.  Assignment  of  future  wages.  No  assignment  of  fu- 
ture wages,  [payable  weekly,  or  monthly  in  case  of  a  steam  surface 
railroad  corporation,]  affected  by  the  provisions  of  section  one 
hundred  and  forty-six,  shall  be  valid  if  made  to  the  [corporation 
or  association  from  which  such  wages  are  to  become  due,]  em- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         487 

ployer  or  to  any  person  on  [its]1  behalf  of  the  employer,  or  if 
made  or  procured  to  be  made  to  any  person  for  the  purpose  of  re- 
lieving [such  corporation  OT  association]  tlie  employer  from  the 
railroad  corporation]  wages  as  provided  by  such  section.  Charges 
obligation  to  pay  [weekly,  or  monthly  in  case  of  a  sleam  surface 
for  groceries,  provisions  OT  clothing  shall  not  be  a  valid  off-set 
[for  wages]  in  behalf  of  the  employer  against  wages,  [any  such 
corporation  or  association.  ~No  such  corporation  or  association 
shall  require  any  agreement  from  any  employees  to  accept  wages 
at  any  other  periods  than  as  provided  in  this  article  as  a  condition 
of  employment.] 

ARTICLE  7. 

PUBLIC   WORK. 

Section  150.  Hours  and  wages. 

151.  Company  stores. 

152.  Preference  in  employment  of  persons  upon  public 

works. 

153.  Enforcement  of  article. 

154-  Proceedings  for  noncompliance. 

§  [3]  150.  [Hours  to  constitute  a  day's  work]  1.  Hours 
and  wages.  [Eight  hours  shall  constitute  a  legal  day's  work  for 
all  classes  of  employees  in  this  state  except  those  engaged  in  farm 
and  domestic  service  unless  otherwise  provided  by  law.  This  sec- 
tion does  not  prevent  an  agreement  for  over  work  at  an  increased 
compensation  except  upon  work  by  or  for  the  state  or  a  municipal 
corporation,  or  by  contractors  or  subcontractors  therewith.]  1. 
Each  contract  to  which  the  state  or  a  municipal  corporation  or  a 
commission  appointed  pursuant  to  law  is  a  party  which  may  in- 
volve the  employment  of  laborers,  workmen  or  mechanics  shall 
contain  a  stipulation  that  no  laborer,  workmen  or  mechanic  in  the 
employ  of  the  contractor,  subcontractor  or  other  person  doing 
or  contracting  to  do  the  whole  or  a  part  of  the  work  contemplated 
by  the  contract  shall  be  permitted  or  required  to  work  more  than 
eight  hours  in  any  [one  calendar]  day  except  in  cases  of  extraor- 
dinary emergency  caused  by  fire,  flood  or  danger  to  life  or 
property.  No  such  person  shall  be  employed  more  thun  eight 
hours  in  any  day  except  in  such  emergency. 


488         PROPOSED  RECODIFICATIOX  OF  THE  LABOR  LAW. 

2.  The  wages  to  be  paid  for  such  a  [legal]  day's  work  [as 
hereinbefore  defined]  to  all  [classes  of]  such  laborers,  workmen 
or  mechanics  upon  all  such  public  works,  or  upon  any  material  to 
be  used  upon  or  in  connection  therewith,  shall  not  be  less  than 
the  prevailing  rate  for  a  day's  work  in  the  same  trade  or  occupa- 
tion in  the  locality  within  the  state  where  such  public  work  on, 
about  or  in  connection  with  which  such  labor  is  performed  in  its 
final  or  completed  form  is  to  be  situated,  [erected  or  used ;  nor 
in  any  case,  less  than  two  dollars  per  day  i]  and  shall  ~be  paid  in 
cash.     If  such  [laborers,  workmen  or  mechanics]  persons  are  em- 
ployed upon[,   about]   or  in  connection  with  the  canals  of  the 
state,    or  in  tb^>  construction[,  enlargement]  or  improvement  [of 
canals]  thereof,  such  wages  shall  be  not  less  than  tivo  dollars  a 
day.     Each  such  contract  [hereafter  made]  shall  contain  a  stipu- 
lation that  each  such  laborer,  workman  or  mechanic,  employed  by 
such   contractor,   subcontractor  or  other  person    [on,]    about   or 
upon  such  public  work,  shall  receive  [such]   the  wages  herein 
provided  for. 

3.  Each  contract  for  such  public  work  [hereafter  made]  shall 
contain  a  provision  that  the  same  shall  he  void  and  of  no  effect 
unless  the  person  or  corporation  making  or  performing  the  same 
shall  comply  with  the  provisions  of  this  section ;   and  no  such 
person  or  corporation  shall  be  entitled  to  receive  any  sum  nor 
shall  any  officer,  agent  or  employee  of  the  state  or  of  a  municipal 
corporation  pay  the  same  or  authorize  its  payment  from  the  funds 
under  his  charge  or  control  to  any  such  person  or  corporation  for 
work  done  upon  any  contract,  which  in   its  form  or  manner  of 
performance  violates  the  provisions  of  this  section,   [but  nothing 
in  t]" 

4.  This  section  shall  [be  construed  to]  not  apply  to 
a.   [s]$tationary  firemen  in  state  hospitals,  [nor  to] 

b-   [o]  Other  persons  regularly  employed  in  state  institutions, 
except  mechanics,  [nor  shall  it  apply  to] 

c.  [eJ-E'ngineers,  electricians  and  elevator  men  in  the  depart- 
ment of  public  buildings  during  the  annual  session  of  the  legis- 
lature, [nor  to] 

d.  Employees  engaged  in  the  construction,  maintenance  and  re- 
pair of  highways  outside  the  limits  of  cities  and  villages. 


PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW.         489 

§  151.  Company  stores.  No  person  engaged  in  carrying  on 
public  work  under  contract  with  the  state  or  with  any  municipal 
corporation  either  as  a  contractor  or  subcontractor  shall,  directly 
or  indirectly,  conduct  what  is  commonly  known  as  a  company 
store  if  there  is  any  store  selling  supplies,  within  two  miles  of  the 
place  where  such  contract  is  being  executed. 

§  [141]  152.  Preference  in  employment  of  persons  upon  public 
works.  In  the  construction  of  public  works  by  the  state  or  a 
municipality,  only  citizens  of  the  United  States  shall  be  em- 
ployed. [;  and  in  all  cases  w]  Where  laborers  are  employed  on  any 
such  public  works,  preference  shall  be  given  citizens  of  the  state  of 
New  York.  In  each  contract  for  the  construction  of  public  works 
a  provision  shall  be  inserted  to  the  effect  that,  if  the  provisions  of 
this  section  are  not  complied  with,  the  contract  shall  be  void.  All 
boards,  officers,  agents  or  employees  of  cities  of  the  first  class  [of 
the  state,]  having  the  power  to  enter  into  contracts  which  provide 
for  the  expenditure  of  public  money  on  public  works,  shall  file  in 
the  office  of  the  commissioner  [of  labor]  the  names  and  addresses 
of  all  contractors  holding  contracts  with  said  cities  [of  the  state]. 
[Upon  the  letting  of  new  contracts  the  names  and  addresses  of 
such  new  contractors  shall  likewise  be  filed.]  Upon  the  demand 
of  the  commissioner  [of  labor]  a  contractor  shall  furnish  a  list  of 
the  names  and  addresses  of  all  subcontractors  in  his  employ.  Each 
contractor  performing  work  for  any  city  of  the  first  class  shall 
keep  a  list  of  his  employees,  [in  which  it  shall  be  set  forth]  stating 
whether  they  are  naturalized  or  native  born  citizens  of  the  United 
States,  together  with,  in  case  of  naturalization,  the  date  of  natu- 
ralization and  the  name  of  the  court  where  such  naturalization  was 
granted.  [Such  lists  and  records  shall  be  open  to  the  inspection  of 
the  commissioner  of  laibor.  A  violation  of  this  section  shall  con- 
stitute a  misdemeanor  and  shall  be  punishable  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  im- 
prisonment for  not  less  than  thirty  days  nor  more  than  ninety 
days,  or  by  both  such  fine  and  imprisonment.] 

$  [21]-?  53.  [Commissioner  of  labor  to  eJ.E/nforcemen^  [pro- 
visions] of  article.  [The  commissioner  of  labor  shall  enforce  all 
the  provisions  of  this  article.  He  shall  investigate  complaints 
made  to  him  of  violations  of  such  provisions  and  if  he  finds  that 
such  complaints  are  well  founded  he  shall  issue  an  order  directed 
to  the  person  or  corporation  complained  of,  requiring  such  person 


490         PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

or  corporation  to  comply  with  such  provisions.  If  such  order  is 
disregarded  the  commissioner  of  labor  shall  present  to  the  district 
attorney  of  the  proper  county  all  the  facts  ascertained  by  him  in 
regard  to  the  alleged  violation,  and  all  other  papers,  documents  or 
evidence  pertaining  thereto,  which  he  may  have  in  his  possession. 
The  district  attorney  to  whom  such  presentation  is  made  shall 
proceed  at  once  to  prosecute  the  person  or  corporation  for  the 
violations  complained  of,  pursuant  to  this  chapter  and  the  pro- 
visions of  the  penal  law.  If  complaint  is  made  to  the  commis- 
sioner of  labor  that  any  person  contracting  with  the  state  or  a 
municipal  corporation  for  the  performance  of  any  public  work 
fails  to  comply  with  or  evades  the  provisions  of  this  article  re- 
specting the  payment  of  the  prevailing  rate  of  wages,  the  require- 
ments of  hours  of  labor  or  the  employment  of  citizens  of  the 
United  States  or  of  the  state  of  New  York,]  //  the  commissioner 
[of  labor  shall  if  he]  finds  [such  complaints  to  be  well  founded] 
that  any  provision  of  this  article  lias  been  violated,  lie  shall 
present  evidence  of  such  noncompliance  to  the  officer,  depart- 
ment or  board  having  charge  of  such  work.  Such  officer,  depart- 
ment or  board  shall  thereupon  take  the  proper  proceedings  to 
revoke  the  contract  of  the  person  violating  [failing  to  comply 
with  or  evading]  such  provisions. 

§  [4]  154.  [Violations  of  the  labor  law]  Proceedings  for 
nonen  for  cement.  Any  officer,  agent  or  employee  of  this  state  or 
of  a  municipal  corporation  therein  having  a  duty  to  act  in  the 
premises  who  violates,  [evades]  or  knowingly  permits  the  vio- 
lation [or  evasion]  of  any  of  the  provisions  of  this  [chapter] 
article  shall  be  guilty  of  malfeasance  in  office  and  shall  be  sus- 
pended or  removed  by  the  authority  having  power  to  appoint  or 
remove  such  officer,  agent  or  employee;  otherwise  by  the  gover- 
nor. Any  citizen  of  this  state  may  maintain  proceedings  for  the 
suspension  or  removal  of  such  officer,  agent  or  employee  or  may 
maintain  an  action  for  the  purpose  of  securing  the  cancellation  or 
avoidance  of  any  contract  which  by  its  terms  or  manner  of  per- 
formance violates  this  [chapter]  article  or  for  the  purpose  of  pre- 
venting any  officer,  agent  or  employee  of  such  municipal  corpo- 
ration from  paying  or  authorizing  the  payment  of  any  public 
money  for  work  done  there[upon]wra?er. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         491 


ARTICLE  8. 

EMPLOYMENT  AGENCIES  AND  IMMIGRANT  LODGING  HOUSES. 

Section  160.  Definitions. 

161.  Registration  of  employment  agencies. 

162.  Records  of  employment  agencies. 

163.  Immigrant  lodging  houses  to  be  licensed. 

164.  Issuance  of  immigrant  lodging-house  license. 

165.  Rate  of  charges  to  be  posted  and  filed. 

[§    155.    Registration  and  reports  of  employment  agencies.} 

§  160.  Definitions.  The  term  "  employment  agency"  as  used 
in  this  [act]  article  [shall]  includes  any  person,  firm,  corporation 
or  association  regularly  engaging  in  the  business  of  negotiating 
labor  contracts  or  of  receiving  applications  for  help  or  labor,  or 
for  [places  or  positions,]  employment.,  excepting  such  as  shall 
conduct  agencies  exclusively  for  procuring  employment  for 
teachers,  for  incumbents  of  technical,  clerical  or  executive  positions, 
for  vaudeville,  or  theatrical  performers,  musicians  or  nurses,  and 
also  excepting  bureaus  conducted  by  registered  agricultural  or 
medical  institutions,  and  excepting  also  departments  maintained 
by  persons,  firms,  corporations  or  associations  for  the  purpose  of 
securing  help  for  themselves  where  no  fee  is  charged  the  applicant 
for  employment.  [All  employment  agencies  other  than  those 
herein  excepted  shall  on  or  before  the  first  day  of  October,  nine- 
teen hundred  and  ten,  and  annually  thereafter,  file  with  the  com- 
missioner of  labor  a  statement  containing  the  name  of  the  person, 
firm,  corporation  or  association  conducting  such  agency,  the  street 
and  number  of  the  place  where  the  same  shall  be  conducted  and 
showing  whether  said  agency  is  licensed  or  unlicensed,  and  if 
licensed,  specifying  the  date  and  duration  of  the  license,  by  whom 
granted  and  the  number  thereof.  Such  statements  shall  be  reg- 
istered by  the  commissioner.  Every  such  employment  agency 
shall  keep  in  the  office  thereof  a  full  record  of  the  country  of  the 
birth  of  those  for  whom  places  or  positions  are  secured,  their 
length  of  residence  in  this  country,  and  the  name  and  address 
of  the  person,  firm  or  corporation  to  whom  the  persons  for  whom 
such  places  or  positions  are  secured  shall  be  sent,  the  occupation 
for  which  employment  shall  be  secured,  and  the  compensation  to 
be  paid  to  the  person  employed.  The  books  and  records  of  every 


492         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

such  agency  shall  at  all  reasonable  hours  be  subject  to  examina- 
tion by  the  commissioner  of  labor.  Any  person  who  shall  fail  to 
register  with  the  commissioner  of  labor  or  to  keep  books  or  records 
shall  be  guilty  of  a  misdemeanor  and  shall  be  punishable  for  the 
first  offense  by  a  fine  of  not  less  than  ten  dollars,  nor  more  than 
twenty-five  dollars,  and  for  every  subsequent  offense  by  a  fine  of 
not  less  than  twenty-five  dollars,  nor  more  than  one  hundred  dol 
lars,  or  by  imprisonment  for  not  more  than  thirty  days,  or  by  botl. 
such  fine  and  imprisonment] 

The  term  "  immigrant  lodging  house"  as  used  in  this  "article,  in- 
cludes any  place,  boarding  house,  lodging-house,  inn  or  hotel  where 
immigrants  or  emigrants  while  in  transit,  or  aliens  are  received, 
lodged,  boarded  or  harbored,  but  does  not  include  any  place  main- 
tained or  conducted  by  a  charitable,  philanthropic  or  religious 
society,  association  or  corporation.  Nothing  contained  herein  ap- 
plies to  temporary  sleeping  quarters  in  labor  or  construction 
camps. 

§  161.  Registration  of  employment  agencies.  Every  employ- 
ment agency  shall  annually,  on  or  before  the  first  day  of  October, 
fie  with  the  commissioner  a  statement  containing  the  name  of  the 
person,  firm,  corporation  or  association  conducting  such  agency, 
and  the  address  of  the  agency,  and  showing  whether  the  agency 
is  licensed  or  unlicensed,  and  if  licensed,  specifying  the  date  and 
duration  of  the  license,  by  whom  granted  and  the  number  thereof. 

§  162.  Records  of  employment  agencies.  Every  employment 
agency  shall  keep  in  its  office  a  record  containing  the  name,  age 
and  country  of  birth  of  every  person  for  whom  employment  is 
secured,  his  length  of  residence  in  this  country,  and  the  name  and 
address  of  the  person,  firm  or  corporation  by  whom  he  is  so  em- 
ployed, the  nature  of  the  employment,  and  the  compensation  to  bo 
paid  to  the  person  so  employed. 

§  [156.  The  licensing  and  regulation  of  immigrant  lodging 
places.]  163.  Immigrant  lodging  houses  to  be  licensed.  [1]  No 
person  shall  [hereafter]  directly  or  indirectly,  [own]  conduct  or 
keep  an  immigrant  lodging  [place]  house  without  [having  first, 
obtained  from  the  commissioner  of  labor]  a  license  [therefor. 
Before  receiving  such  license  the  applicant  therefor  shall  file  with 
the  commissioner  of  labor,  in  such  form  as  he  may  prescribe,  a 
statement  certified  by  such  applicant,  or  if  said  applicant  is  a 
corporation,  by  one  of  its  officers,  designating  the  location  of  the 


PROPOSKI*  RKCODIFICATION  OF  TIII;  LAI  sou   LAW.          403 

immigrant  lodging  place  for  which  a  license  shall  be  requested,  and 
specifying  the  number  of  boarders  or  lodgers  received  by  said  ap- 
plicant at  any  one  time  during  the  year  preceding  such  application 
at  the  place  for  which  a  license  is  sought,  or  if  no  business  shall 
have  previously  been  conducted  at  said  place  the  maximum  number 
of  boarders  or  lodgers  which  it  will  accommodate.  With  such 
application  there  shall  be  presented  to  the  commissioner  of  labor 
proof  of  the  good  moral  character  of  the  applicant,  and  in  case 
such  applicant  is  a  corporation,  of  its  officers,  arid  in  addition 
thereto,  in  the  discretion  of  the  commissioner  of  labor,  a  bond  to 
the  people  of  the  state  of  New  York,  with  two  or  more  sureties  or 
of  a  surety  company  approved  by  the  commissioner  of  labor,  con- 
ditioned that  the  obligor  shall  obey  all  laws,  rules  and  regulations 
applicable  to  such  immigrant  lodging  place  prescribed  by  any  law- 
ful authority,  and  that  such  obligor  shall  discharge  all  obligations 
and  pay  all  damages,  less  and  injuries  which  shall  accrue  to  any 
person  or  persons  dealing  with  such  licensee,  by  reason  of  any 
contract  or  other  obligation  of  such  licensee,  or  resulting  from  any 
fraud  or  deceit,  conversion  of  property,  oppression,  excessive 
charges,  or  other  wrongful  act  of  said  licensee  or  of  his  servants 
or  agents  in  connection  with  the  business  so  licensed.  Where  the 
number  of  boarders  or  lodgers  specified  in  said  application  shall 
not  exceed  ten  persons  the  penalty  of  said  bond  shall  be  one  hun- 
dred dollars,  where  it  shall  be  more  than  ten  and  less  than  fifty 
persons  it  shall  be  two  hundred  and  fifty  dollars,  and  where  the 
number  shall  be  more  than  fifty  it  shall  be  five  hundred  dollars. 
Any  person  aggrieved  may  bring  an  action  for  the  enforcement 
of  such  bond  in  any  court  of  competent  jurisdiction.  On  the 
approval  of  the  application  for  said  license  and  of  the  bond  filed 
therewith  the  commissioner  of  labor  shall  issue  a  license  authoriz- 
ing the  applicant  to  own,  conduct  and  manage  an  immigrant  lodg- 
ing place  at  the  place  designated  in  the  application  and  to  be 
specified  in  the  license  certificate.  For  such  license  the  applicant 
shall  pay  to  the  commissioner  of  labor  a  fee  of  five  dollars  where 
tho  number  of  boarders  or  lodgers  stated  in  the  application  does 
not  exceed  ten,  a  fee  of  ten  dollars  where  such  number  exceeds 
ten  and  does  not  exceed  fifty,  and  a  fee  of  twenty-five  dollars 
where  such  number  exceeds  fifty.  Such  license  shall  not  be  trans- 
ferable without  the  consent  of  the  commissioner  of  labor,  nor 
authorize  the  conduct  of  an  immigrant  lodging  place  on  any  other 
premises  than  those  described  in  the  application.  Such  license 


494         PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

shall  be  renewable  annually  on  the  payment  of  a  fee  based  on  the 
maximum  number  of  boarders  and  lodgers  received  by  the  licensee 
at  the  place  licensed  during  the  preceding  year,  as  shown  in  a 
sworn  statement  filed  by  such  applicant  in  such  form  as  the  com- 
missioner of  labor  shall  prescribe.  The  commissioner  of  labor 
shall  keep  a  book  or  books  in  which  the  licenses  granted  and  the 
bonds  filed  shall  be  entered  in  alphabetical  order,  together  with 
a  statement  of  the  date  of  the  issuance  of  the  license,  the  name  or 
names  of  the  principals,  the  place  where  the  business  licensed  is 
to  be  transacted,  the  names  of  the  sureties  upon  the  bond  filed  and 
the  amount  of  the  license  fee  paid  by  the  licensee. 

2.  Every  licensee  shall  keep  conspicuously  posted  in  the  public 
rooms  and  in  each  bedroom  of  the  place  licensed  a  statement 
printed  in  the  English  language  and  in  the  language  understood 
by  the  majority  of  the  patrons  of  said  place,  specifying  the  rate 
of  charges  by  the  day  and  week  for  lodging,  for  meals  supplied, 
for  the  transportation  of  passengers  and  baggage,  the  services  of 
guides,  and  other  service  rendered  to  such  patrons.    No  sum  shall 
be  charged  or  received  by  or  for  the  licensee  in  excess  of  such 
posted  rates  for  any  service  rendered,  and  payment  shall  not  be 
enforceable  for  any  charge  in  excess  of  such  rates.  '  A  copy  of  the 
rates  so  posted  shall  be  filed  by  the  licensee  with  the  commissioner 
of  labor,  and  no  increased  rate  shall  be  charged  or  received  until 
a  revised  schedule  showing  such  increase  shall  have  been  filed 
with  the  commissioner  of  labor.     Every  such  licensee  shall  like- 
wise file  with  the  commissioner  of  labor  a  list  specifying  the 
names  and  addresses  of  every  person  employed  by  such  licensee 
as  a -runner,  guide  or  other  employee,  and  showing  whether  such 
person  is  employed  at  a  salary  or  on  commission. 

3.  A  license  granted  hereunder  shall  be  revocable  by  the  com- 
missioner of  labor  on  notice  to  the  licensee  and  for  cause  shown. 

4.  The  term  immigrant  lodging  place  as  used  in  this  section 
includes  any  place,  boarding  house,  lodging  house,  inn  or  hotel 
where  immigrants  or  emigrants  while  in  transit,  or  aliens  are 
received,  lodged,  boarded  or  harbored,  which  shall  not  include  any 
place  maintained  or  conducted  by  a  charitable,  philanthropic  or 
religious  society,  association  or  corporation.     Nothing  contained 
herein  shall  be  held  to  apply  to  temporary  sleeping  quarters  in 
labor  or  construction  camps. 


PROPOSED  RECODIFICATION  or  THE  LABOR  LAW.         495 

5.  Any  person  or  any  officer  of  a  corporation  owning,  conduct- 
ing or  managing  an  immigrant  lodging  place  without  having  ob- 
tained from  the  commissioner  of  labor  a  license  therefor,  or  who 
shall  carry  on  such  business  after  the  revocation  of  a  license  to 
carry  on  such  business,  or  who  shall  violate  any  of  the  provisions 
of  this  section,  shall  be  guilty  of  a  misdemeanor. 

6.  The  license  fees  collected  hereunder  shall  be  paid  to  the 
comptroller  and  shall  constitute  a  fund  to  be  used  in  the  joint  dis- 
cretion of  the  comptroller  and  commissioner  of  labor  for  the  ex- 
penses necessary  for  carrying  out  the  provision  of  this  section.] 
issued  as  provided  in  section  one  hundred  and  sixty-four. 

§  164-  Issuance  of  immigrant  lodging-house  license.  1.  An  ap- 
plication for  a  license  to  conduct  an  immigrant  lodging  house  shall 
be  made  to  the  commissioner  by  the  owner  of  the  immigrant  lodg- 
ing house  or  his  duly  authorized  agent.  Such  application  shall 
be  made  upon  blanks  prepared  and  furnished  by  the  commissioner 
and  shall  state  under  oath  the  location  of  the  immigrant  lodging 
house,  and  the  maximum  number  of  boarders  or  lodgers  which  it 
will  accommodate. 

With  such  application  there  shall  be  .presented  to  the  commis- 
sioner proof  of  the  good  moral  character  of  the  applicant,  and  in 
case  such  applicant  is  a  corporation,  of  its  officers,  and  in  addition 
thereto,  in  the  discretion  of  the  commissioner,  a  bond  to  the  people 
of  the  state  of  New  York,  with  two  or  more  sureties  or  of  a  surety 
company  approved  by  the  commissioner,  conditioned  that  the 
obligor  shall  obey  all  laws,  rules  and  regulations  applicable  to  such 
immigrant  lodging  house,  prescribed  by  any  lawful  authority,  and 
that  such  obligor  shall  discharge  all  obligations  and  pay  all  dam- 
age or  loss  which  shall  accrue  to  any  person  dealing  with  such 
licensee,  by  reason  of  any  contract  or  other  obligation  of  such 
licensee,  or  resulting  from  any  fraud  or  deceit,  conversion  of  prop- 
erty, oppression,  excessive  charges,  or  other  wrongful  act  of  said 
licensee  or  of  his  servants  or  agents  in  connection  with  the  business 
so  licensed.  Where  the  number  of  boarders  or  lodgers  specified 
in  said  application  does  not  exceed  ten  persons  the  penalty  of  said 
bond  shall  be  one  hundred  dollars;  where  such  number  exceeds 
ten  and  does  not  exceed  fifty  persons  it  shall  be  two  hundred  and 
fifty  dollars,  and  where  the  number  exceeds  fifty  it  shall  be  five 
hundred  dollars.  Any  person  aggrieved  may  bring  an  action  for 
the  enforcement  of  such  bond  in  any  court  of  competent  juris- 
diction. 


496         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

2.  The  applicant  for  a  license  shall  pay  to  the  commissioner  a 
fee  of  five  dollars  where  the  number  of  boarders  or  lodgers  stated 
in  the  application  does  not  exceed  ten,  a  fee  of  ten  dollars  where 
such  number  exceeds  ten  and  does  not  exceed  fifty,  and  a  fee  of 
twenty-five  dollars  where  such  number  exceeds  fifty. 

3.  On  the  approval  of  the  application  for  a  license  and  of  the 
bond  filed  therewith  the  commissioner  shall  issue  a  license  au- 
thorizing the  applicant  to  conduct  and  keep  an  immigrant  lodging 
house  at  the  place  designated  in  the  application  and  to  be  specified 
in  the  license  certificate.     Such  license  shall  not  be  transferable 
without  the  consent  of  the  commissioner,  nor  authorize  the  con- 
ducting or  keeping  of  an  immigrant  lodging  house  on  any  other 
premises  than  those  described  in  the  application.     The  license 
shall  be  renewable  annually  on  the  payment  of  a  fee  based  on  the 
maximum  number  of  persons^  boarded  or  lodged  by  the  licensee  at 
the  house  licensed,  during  the  preceding  year,  as  sliown  in  a  sworn 
statement  filed  by  such  applicant  in  such  form  as  the  commissioner 
shall  prescribe.     The  commissioner  may  revoke  the  license  for  any 
violation  of  this  article  or  of  any  rules  or  regulations  of  the  com- 
missioner, or  of  the  industrial  board  upon  notice  to  the  licensee. 

§  165.  Rate  of  charges  to  be  posted  and  filed.  Every  licensee 
shall  keep  posted  in  a  conspicuous  .place  in  the  public  rooms  and 
in  each  bedroom  of  the  house  licensed  a  statement  printed  in  the 
English  language  and  in  the  language  understood  by  the  majority 
of  the  patrons,  specifying  the  rate  of  charges  by  the  day  and  week 
for  lodging,  for  meals  supplied,  for  the  transportation  of  pas- 
sengers and  baggage,  the  services  of  guides,  and  other  service  ren- 
dered to  such  patrons.  No  sum  shall  be  charged  or  received  by  or 
for  the  licensee  in  excess  of  such  posted  rates  for  any  service  ren- 
dered, and  payment  shall  not  be  enforceable  for  any  charge  in  ex- 
cess of  such  rates.  A  copy  of  the  rates  so  posted  shall  be  filed  by 
the  licensee  with  the  commissioner,  and  no  increased  rate  shall  be 
charged  or  received  until  a  revised  schedule  showing  such  increase 
shall  have  been  filed  with  the  commissioner.  Every  such  licensee 
shall  likewise  file  with  the  commissioner  a  list  specifying  the 
names  and  addresses  of  every  person  employed  by  such  licensee  as 
a  runner,  guide  or  other  employee,  and  showing  whether  such  per- 
son is  employed  at  a  salary  or  on  commission. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         497 
ARTICLE  9. 

BUILDING    CONSTRUCTION  AND  REPAIR  WORK. 

Section  170.  Safe  scaffolding  required  for  use  of  employees. 

171.  Protection  of  employees   on  building  construction 

work. 

172.  Enforcement  of  this  article  in  cities. 

§  170.  Safe  scaffolding  required  for  use  of  employees.  1. 
Every  person  employing  or  directing  another  to  perform  labor  of 
any  kind  in  the  erection,,  repairing,  altering,  painting,  cleaning 
or  pointing  of  a  building  or  structure  shall  furnish  or  erect,  or 
cause  to  be  furnished  or  erected  for  the  performance  of  such 
labor,  scaffolding,  hoists,  stays,  ladders,  slings,  hangers,  blocks, 
pulleys,  braces,  irons,  ropes  or  other  mechanical  contrivances  which 
are  so  constructed,  placed  and  operated  as  to  give  proper  protection 
to  the  life  and  limb  of  a  person  so  employed  or  engaged. 

2.  Scaffolding  or  staging  more  than  twenty  feet  from  the  ground 
or  floor  swung  or  suspended  from  an  overhead  support,  or  erected 
with  stationary  supports,  .except  scaffolding   wholly   within   the 
interior  of  a  building  and  covering  the  entire  floor  space  of  any 
*-oom  therein,  shall  have  a  safety  rail  of  suitable  material,  properly 
bolted,  secured  and  braced,  rising  at  least  thirty-four  inches  above 
the  floor  or  main  portions  of  such  scaffolding  or  staging  and  ex- 
tending along  the  entire  length  of  the  outside  and  the  ends  thereof, 
with  such  openings  as  may  be  necessary  for  the  delivery  of  ma- 
terials.    Such  scaffolding  or  staging  shall  be  so  fastened  as  to  pre- 
vent the  same  from  swaying  from  the  building  or  structure. 

3.  All  scaffolding  shall  be  so  constructed  as  to  bear  four  times 
the  maximum  weight  required  to  be  dependent  therefrom  or  placed 
thereon,  when  in  use.     Not  more  than  four  men  shall  be  allowtd 
on  any  swinging  scaffold  at  one  time. 

4.  If  the  commissioner  finds  that  any  such  scaffolding  or  other 
mechanical  contrivance  is  unsafe,  he  shall  attach  thereto  a  notice 
warning  all  persons  against  the  use  thereof.    Such  notice  shall  not 
be  removed  except  by  an  authorized  representative  of  the  depart- 
ment, nor  until  such  scaffolding  or  other  mechanical  contrivance 
is  made  safe,  and  in  the  meantime  the  scaffolding  or  other  mechan- 
ical contrivance  shall  not  be  used. 


498         PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

§  111.  Protection  of  employees  on  building  construction  work 
in  cities.  All  contractors  and  owners,  when  constructing  buildings 
in  cities,  shall  comply  with  the  following  requirements: 

1.  Where  the  plans  and  specifications  require  the  floors  to  be 
arched  between  the  beams  thereof,  or  where  the  floors  or  filling 
in  between  the  floors  ure  of  fireproof  material  or  brickwork,  the 
flooring  or  filling  in  shall  be  completed  as  the  building  progresses. 

2.  If  the  plans  and  specifications  do  not  require  filling  in  be- 
tween the  beams  of  floors  with  brick  or  fireproof  material  the 
underflooring  shall  be  laid  on  each  story  as  the  building  progresses. 

3.  Where  double  floors  are  not  to  be  used,  the  floors  two  stories 
below  the  story  where  the  work  is  being  performed  shall  be  kept 
planked  over. 

4-  If  the  floor  beams  are  of  iron  or  steely  the  entire  tier  of  iron 
or  steel  beams  on  which  the  structural  iron  or  steel  work  is  being 
erected,  except  such  spaces  as  may  be  reasonably  required  for  the 
proper  construction  of  such  iron  or  steel  work,  and  for  the  raising 
or  lowering  of  materials  to  be  used  in  the  construction  of  such 
building,  or  such  spaces  as  may  be  designated  by  the  plans  and 
specifications  for  stairways  and  elevator  shafts  shall  be  thoroughly 
planked  over.  Such  planking  shall  extend  not  less  than  six  feet 
beyond  such  beams. 

5.  If  elevators,  elevating  machines  or  hod-hoisting  apparatus 
are  used  within  a  building  in  the  course  of  construction,  for  the 
purpose  of  lifting  materials  to  be  used  in  such  construction,  the 
shafts  or  openings  in  each  floor  shall  be  inclosed  or  fenced  in  on 
all  sides-by  a  barrier  at  least  eight  feet  in  height,  except  on  two 
sides  which  may  be  used  for  taking  off  and  putting  on  materials, 
and  those  sides  shall  be  guarded  by  an  adjustable  barrier  not  less 
than  three  nor  more  than  four  feet  from  the  floor  and  not  less 
than  two  feet  from  the  edge  of  such  shaft  or  opening. 

6.  If  a  building  in  course  of  construction  is  five  stories  or  more 
in  height,  no  lumber  or  timber  needed  for  such  construction  shall 
be  hoisted  or  lifted  on  the  outside  of  such  building. 

§  172.  Enforcement  of  article.  The  chief  officer  charged  with 
the  enforcement  of  the  building  laws  of  any  city  and  the  commis- 
sioner shall  enforce  the  provisions  of  this  article.  Such  chief 
officer  shall  have  all  the  powers  for  the  enforcement  of  this  article 
that  are  vested  in  the  commissioner. 


PROPOSED  RECODIKIOATION  OF  Tin:  LAIJOR  LAW.         499 


ARTICLE  [6.]   10. 

FACTORIES. 

[Section  69.      Registration  of  factories. 

70.  Employment  of  minurs. 

71.  Employment  certificate,  how  issued. 

72.  Contents  of  certificate. 

73.  School  record,  what  to  contain. 

75.  Supervision  over  issuance  of  certificates. 

76.  Registry  of  children  employed. 

76-a.  Physical  examination  of  children  in  factories; 
cancellation  of  employment  certificates. 

77.  Hours  of  labor  of  children,  minors  and  women. 

78.  Exceptions. 

79.  Elevators  and  hoistways. 

79-a.  Construction  of  factory  buildings  hereafter 
erected. 

79-b.  Requirements  for  existing  buildings. 

79-c.  Additional  requirements  common  to  buildings 
heretofore  and  hereafter  erected. 

79-d.  Effect  of  foregoing  provisions;  inspection  of  build- 
ings and  approval  of  plans. 

79-e.  Limitation  of  number  of  occupants. 

79-f.  Meaning  of  terms. 

81.  Protection  of  employees  operating  machinery; 
dust-creating  machinery;  lighting  of  factories 
and  workrooms. 

83-a.  Fire  alarm  signal  systems  and  fire  drills. 

83-b.  Automatic  sprinklers. 

83-c.  Fire  proof  receptacles;  gas  jets;  smoking. 

84.  Cleanliness  of  rooms. 

84-a.  Cleanliness  of  factory  buildings. 

85.  Size  of  rooms. 

86.  Ventilation. 

87.  Accidents  to  be  reported. 

88.  Drinking  water,  wash-rooms  and  dressing  rooms. 
88-a.  Water  closets. 

89.  Time  allowed  for  meals. 


500         PROPOSED  EECODIFICATION  OF  THE  LABOK  L 


89-a.  Prohibition  against  eating  meals  in  certain  work 

rooms. 

90.  Inspection  of  factory  buildings. 

92.  Laundries. 

93.  Prohibited  employment  of  women  and  children. 
93-a.  Employment    of    females    after    childbirth    pro- 
hibited. 

93-b.  Period  of  rest  at  night  for  women; 

94.  Tenant-factories. 

95.  Unclean  factories. 

96.  Definition  of  "  custodian." 

97.  Brass,  iron  and  steel  foundries. 

98.  Labor  camps. 

99.  Dangerous  trades. 
99-a.  Laws  to  be  posted.] 

TITLE  I.— ACCIDENT   PREVENTION. 

Section  175.  Elevators  and  hoistways. 

176.  Protection  of  employees  operating  machinery. 

177.  Lighting  to  prevent  accidents. 

TITLE    II.— FIRE    HAZARD. 

180.  Incombustible  fireproof  and  fireresisting  material. 

181.  Fire  door. 

182.  Fireproof  window. 

183.  Fireproof  partition. 
184-  Fireproof  building. 

185.  Fire  wall. 

186.  Exterior  enclosed  fireproof  stairway. 

187.  Horizontal  exit. 

188.  Exterior  screened  stairway. 

189.  Application  of  provisions. 

190.  Construction    of    buildings    erected    after    October 

first,  nineteen  hundred  and  thirteen. 

191.  Requirements  for  buildings  erected  before  October 

first,,  nineteen  hundred  and  thirteen. 

192.  Additional  requirements  common  to  all  buildings. 

193.  iFire  escapes  erected  after   October  first,  nineteen 

hundred  and  thirteen. 

194-  Fire  escapes  erected  before  October  first,  nineteen 
hundred  and  thirteen. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         501 

195.  Special  laws  and  local  ordinances. 

196.  Inspection  of  buildings  and  approval  of  plans. 

197.  Limitation  of  number  of  occupants. 

198.  Fire  alarm  signal  systems. 

199.  Fire  drills. 

200.  Automatic  sprinklers. 

201.  Fireproof  receptacles. 

202.  Gas  jets. 

203.  Smoking. 

TITLE    III. — SANITATION. 

210.  Cleanliness  of  factory  rooms. 

211.  Cleanliness  of  factory  biddings. 

212.  Drinking  water. 
218.  Washrooms. 

214.  Dressing  rooms. 

215.  Water-closets. 

216.  Laundries. 

217.  Unclean  factories. 

218.  Living  quarters  for  factory  employees. 

219.  Ventilation,  heat  and  humidity. 

220.  Size  of  rooms. 

221.  Illumination. 

TITLE  IV.— FOUNDRIES. 

225.  \Foundries. 

TITLE  V.—  DUTIES  OF  OWNERS  AND  OCCUPIERS. 

226.  Duties  of  owners  and  occupiers. 

TITLE    I.— ACCIDENT  PREVENTION. 

$  [79]  7  75.  Elevators  and  hoistways.  1.  [Inclosure  of  shafts.] 
In  every  factory  building  erected  before  October  first,  nineteen 
hundred  and  thirteen,  every  hoistway,  hatchway  or  well-hole  used 
for  elevators  carrying  passengers,  [or]  employees,  or  [for]  freight 
[elevators,]  or  used  for  hoisting  or  other  purposes,  shall,  except 
as  provided  in  subdivision  two,  be  protected  on  all  sides  at  each 
floor  including  the  basement,  by  substantial  vertical  inclosures. 
All  openings  in  such  inclosures  shall  be  provided  with  self-closing 
gates  |[not  less  than  six  feet  high]  of  sufficient  height  or  with 


502         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

properly  constructed  sliding  doors.  In  the  case  of  elevators  used  for 
carrying  passengers  or  employees,  such  inclosures  shall  be  flush 
with  the  hatchway  and  shall  extend  from  floor  to  ceiling  on  every 
open  side  of  the  car,  and  on  every  other  side  shall  be  at  least  six 
feet  high,  and  such  [e]mclosures  shall  be  free  from  fixed  ob- 
structions on  every  open  side  of  the  car.  In  the  case  of  freight  ele- 
vators the  inclo'sures  shall  be  flush  with  the  hoistway  on  every 
open  side  of  the  car. 

2.  In  place  of  the  inclosures  [herein]  required  in  subdivision 
one  [for  freight  elevators,]  every  hatchway  used  for  freight  ele- 
vator purposes  may  be  provided  with  trap  doors  so  constructed 
as  to  form  a  substantial  floor  surface  when  closed  and  so  arranged 
as  to  open  and  close  by  the  action  of  the  car  in  its  passage  both 
ascending  and  descending.  [;  provided  that  i]     In  addition  to 
such  trap  doors,  the  hatchway  shall  be  adequately  protected  on 
all  sides  at  all  floors,  including  the  basement,  by  a  substantial 
railing  or  other  vertical  inclosure  at  least  three  feet  in  height. 

3.  [2.  Guarding  of  elevators  and  hoistways.]   In  every  factory 
building  erected  before  October  first,  nineteen  hundred  and  thir- 
teen,  all   counter-weights   of  every  elevator  shall  be  adequately 
protected  by  proper  inclosures  at  the  top  and  bottom  of  the  run. 
The  car  of  [all]   every  elevator[s]  in  such  building  used  for 
carrying  passengers  or  employees  shall  be  substantially   [e]tn- 
closed  on  all  sides,  including  the  top,  and  [such  car]  shall  [at  all 
times]  be  properly  lighted  during  working  hours  [,  artificial  il- 
luminants  to  be  provided  and  used  when  necessary].     The  top  of 
every  freight  elevator  car  or  platform  in  such  building  shall  be 
provided  with  a  substantial  grating  or  covering  for  the  protection 
of  the  operator  thereof  [,  in  accordance  with  such  rules  and  regu- 
lations as  may  be  adopted  with  reference  thereto  by  the  industrial 
board]. 

4*  [3.  Elevators  and  hoistways  in  factory  buildings  hereafter 
erected.  The  provisions  of  subdivisions  one  and  two  of  this  section 
shall  apply  only  to  factory  buildings  heretofore  erected.]  In  all 
factory  buildings  [hereafter]  erected  after  October  first,  nineteen 
hundred  and  thirteen,  every  elevator  and  every  part  thereof  and  all 
machinery  connected  therewith  and  every  hoistway,  hatchway 
and  well-hole  shall  be  so  constructed,  guarded,  equipped,  main- 
tained and  operated  as  to  be  safe  for  all  persons  [using  the 
same]. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         503 

5.  [4.  Maintenance  of  elevators  and  hoistways  in  all  factory 
buildings.]   In  every  factory  building  [heretofore  erected  or  here- 
after erected,]   all  inclosures,    [doors  and  gates]   of  hoistways, 
hatchways  or  well-holes,  and  all  elevators  therein  used  for  [the] 
carrying   [of]    passengers,    [or]    employees   or  freight  and  the 
gates,  [and]  doors,  cables,  gearing  and  other  apparatus  thereof 
shall  at  all  times  be  kept  in  good  repair  and  in  a  safe  condition. 
All   openings    leading   to    such   elevators   shall    be   kept    [well] 
properly   lighted    [at   all   times]    during  working  hours[,   with 
artificial  illumination  when  necessary.     The  cable,  gearing  and 
other  apparatus  of  elevators  used  for  carrying  passengers  or  em- 
ployees or  freight  shall  be  kept  in  a  safe  condition]. 

6.  [5.  Powers  of  industrial  board.]    The  industrial  board  shall 
[have  power  to]  make  rules  [and  regulations]  not  inconsistent 
with  the  provisions  of  this  chapter  regulating  the  construction, 
guarding,  equipment,  maintenance  and  operation  of  elevators  and 
all  parts  thereof,  and    all    machinery    connected  therewith  and 
hoistways,  hatchways  and  well-holes  in  order  to  carry  out  the  pur- 
pose [and  intention]  of  this  section. 

§  [81]  176.  Protection  of  employees  operating  machinery^; 
dust-creating  machinery ;  lighting  of  factories  and  workrooms.  1. 
The  owner  or  person  in  charge  of  a  factory  where  machinery  is 
used,  shall  provide,  as  may  be  required  by  the  rules  and  regula- 
tions of  the  industrial  board,  belt  shifters  or  other  mechanical 
contrivances  for  the  purpose  of  throwing  on  or  oif  belts  on  pulleys. 
Whenever  practicable,  all  machinery  shall  be  provided  with  loose 
pulleys.  Every  vat  and  pan  wherever  set  so  that  the  opening  or 
top  thereof  is  at  a  lower  level  than  the  elbow  of  the  operator  or 
operators  at  work  about  the  same  shall  be  protected  by  a  cover 
which  shall  be  maintained  over  the  same  while  in  use  in  such 
manner  as  effectually  to  prevent  such  operators  or  other  persons 
falling  therein  or  coming  in  contact  with  the  contents  thereof,  ex- 
cept that  where  it  is  necessary  to  remove  such  cover  while  any 
such  vat  or  pan  is  in  use,  such  vat  or  pan  shall  be  protected  by  an 
adequate  railing  around  the  same.  Every  hydro-extractor  shall 
be  covered  or  otherwise  properly  guarded  while  in  motion.  Every 
saw  shall  be  provided  with  a  proper  and  effective  guard.  Every 
planer  shall  be  protected  by  a  substantial  hood  or  covering.  Every 
hand-planer  or  jointer  shall  be  provided  with  a  proper  and  effective 
guard.  All  cogs  and  gearing  shall  be  boxed  or  cased  either  with 


504         PROPOSED  RECODIFICATION  OF  THE  LABOK  LAW. 

metal  or  wood.  All  belting  within  seven  feet  of  the  floors  shall  be 
properly  guarded.  All  revolving  shafting  within  seven  feet  of 
the  floors  shall  be  protected  on  its  exposed  surface  by  being  en- 
cased in  such  a  manner  as  to  effectively  prevent  any  part  of  the 
body,  hair  or  clothing  of  the  operators  or  other  persons  from  com- 
ing in  contact  with  such  shafting.  All  set-screws,  keys,  bolts  and 
all  parts  projecting  beyond  the  surface  of  revolving  shafting  shall 
be  countersunk  or  provided  with  suitable  covering,  and  machinery 
of  every  description  shall  be  properly  guarded  and  provided  with 
proper  safety  appliances  or  devices.  All  machines,  machinery  ap- 
paratus, furniture  and  fixtures  shall  be  so  placed  and  guarded  in 
relation  to  one  another  as  to  be  safe  for  all  persons.  Whenever 
any  danger  exists  which  requires  any  special  care  as  to  the  char- 
acter and  condition  of  the  clothing  of  the  persons  employed  there- 
abouts, or  which  requires  the  use  of  special  clothing  or  guards,  the 
industrial  board  may  make  rules  and  regulations  prescribing  what 
shall  be  used  or  worn  for  the  purpose  of  guarding  against  such 
danger  and  regulating  the  provision,  maintenance  and  use  thereof. 
~No  person  shall  remove  or  make  ineffective  any  safeguard  or  safety 
appliance  or  device  around  or  attached  to  machinery,  vats  or  pans, 
unless  for  the  purpose  of  immediately  making  repairs  thereto  or 
adjustment  thereof,  and  any  person  who  removes  or  makes  ineffec- 
tive any  such  safeguard,  safety  appliance  or  device  for  a  per- 
mitted purpose  shall  immediately  replace  the  same  when  such 
purpose  is  accomplished.  It  shall  be  the  duty  of  the  employer 
and  of  every  person  exercising  direction  or  control  over  the  person 
who  removes  such  safeguard,  safety  appliance  or  device,  or  over 
any  person  for  whose  protection  it  is  designed  to  see  that  a  safe- 
guard .or  safety  appliance  or  device  that  has  been  removed  is 
promptly  and  properly  replaced.  All  fencing,  safeguards,  safety 
appliances  and  devices  must  be  constantly  maintained  in  proper 
condition.  When  in  the  opinion  of  the  commissioner  of  labor  a 
machine  or  any  part  thereof  is  in  a  dangerous  condition  or  is  not 
properly  guarded  or  is  dangerously  placed,  the  use  thereof  shall 
be  prohibited  by  the  commissioner  of  labor  and  a  notice  to  that 
effect  shall  be  attached  thereto.  Such  notice  shall  not  be  removed 
except  by  an  authorized  representative  of  the  department  of  labor, 
nor  until  the  machinery  is  made  safe  and  the  required  safe- 
guards or  safety  appliances  or  devices  are  provided,  and  in  the 
meantime  such  unsafe  or  dangerous  machinery  shall  not  be  used. 
The  industrial  board  may  make  rules  and  regulations  regulating 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         505 

the  installation,  position,  operation,  guarding  and  use  of  machines 
and  machinery  in  operation  in  factories,  the  furnishing  and  use 
of  safety  devices  and  safety  appliances  for  machines  and  ma- 
chinery and  of  guards  to  be  worn  upon  the  person,  and  other 
cognate  matters,  whenever  it  finds  such  regulations  necessary  in 
order  to  provide  for  the  prevention  of  accidents  in  factories. 

2.  All  grinding,  polishing  or  buffing  wheels  used  in  the  course 
of  the  manufacture  of  articles  of  the  baser  metals  shall  be  equipped 
with  proper  hoods  and  pipes  and  such  pipes  shall  be  connected  to 
an  exhaust  fan  of  sufficient  capacity  and  power  to  remove  all 
matter  thrown  off  such  wheels  in  the  course  of  their  use.     Such 
fan  shall  be  kept  running  constantly  while  such  grinding,  polish- 
ing or  buffing  wheels  are  in  operation ;  except  that  in  case  of  wet- 
grinding  it  is  unnecessary  to  comply  with  this  provision  unless 
required  by  the  rules  and  regulations  of  the  industrial  board. 
All  machinery  creating  dust  or  impurities  shall  be  equipped  with 
proper  hoods  and  pipes  and  such  pipes  shall  be  connected  to  an 
exhaust  fan  of  sufficient  capacity  and  power  to  remove  such  dust 
or  impurities ;  such  fan  shall  be  kept  running  constantly  while  such 
machinery  is  in  use ;  except  where,  in  case  of  wood-working  .ma- 
chinery, the  industrial  board  shall  decide  that  it  is  unnecessary 
for  the  health  and  welfare  of  the  operatives. 

3.  All  passageways  and  other  portions  .of  a  factory,  and  all 
moving  parts  of  machinery  which  are  not  so  guarded  as  to  pre- 
vent accidents,  where,  on  or  about  which  persons  work  or  pass 
or  may  have  to  work  or  pass  in  emergencies,  shall  be  kept  prop- 
erly and  *  and  sufficiently  lighted  during  working  hours.      The 
halls  and  stairs  leading  to  the  workrooms  shall  be  properly  and 
adequately  lighted,  and  a  proper  and  adequate  light  shall  be  kept 
burning  by  the  owner  or  lessee  in  the  public  hallways  near  the 
stairs,  upon  the  entrance  floor  and  upon  the  other  floors  on  every 
workday  in  the  year,  from  the  time  when  the  building  is  open 
for  use  in  the  morning  until  the  time  it  is  closed  in  the  evening, 
except  at  times  when  the  influx  of  natural  light  shall  make  arti- 
ficial light  unnecessary.     Such  lights  shall  be  so  arranged  as  to 
insure  their  reliable  operation  when  through  accident  or  other 
cause  the  regular  factory  lighting  is  extinguished. 

4.  All   workrooms   shall   be  properly   and   adequately   lighted 
during  working  hours.     Artificial  illuminants  in  every  workroom 
shall  be  installed,  arranged  and  used  so  that  the  light  furnished 


506         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

will  at  all  times  be  sufficient  and  adequate  for  the  work  carried 
on  therein,  and  so  as  to  prevent  unnecessary  strain  on  the  vision 
or  glare  in  the  eyes  of  the  workers.  The  industrial  board  may 
make  rules  and  regulations  to  provide  for  adequate  and  sufficient 
natural  and  artificial  lighting  facilities  in  all  factories.] 

1.  In  every  factory  all  machinery  shall  be  properly  guarded 
and  provided  with  proper  safety  appliances  or  devices. 

a.  Whenever  practicable,  all  machinery  shall  be  provided 
with  loose  pulleys  and  with  belt  shifters  for  throwing  belts  on 
or  off  pulleys  or  with  other  mechanical  contrivances  for  dis- 
engaging power. 

b.  Wherever  the  opening  or  top  of  a  vat  or  pan  is  at  a  lower 
level  than  the  elbow  of  any  person  at  work  about  it,  a  cover 
shall   be   maintained    over   the   vat   or   pan   while   in   use. 
Wherever  it  is  necessary  to  remove  the  cover  while  such  vat  or 
pan  is  in  use,  a  proper  railing  shall  be  provided  around  the 
vat  or  pan.    Every  hydro-extractor  shall  be  covered  or  other- 
wise properly  guarded  while  in  motion. 

c.  Every  saw,  hand-planer  or  jointer  shall  be  provided  with 
a  proper  guard  and  every  planer  shall  be  provided  with  a 
substantial  hood  or  other  covering. 

d.  All  cogs  and  gearing  shall  be  boxed  or  cased  with  metal 
or  wood. 

e.  All  belting  within  seven  feet  of  the  floor  shall  be  prop- 
erly guarded  and  all  revolving  shafting  within  seven  feet  of 
the  floor  shall  be  so  encased  as  to  prevent  any  part  of  the  body, 
hair  or  clothing  of  any  person  from  coming  in  contact  there- 
with. 

f.  AH  set-screws,  Jceys,  bolts  and  all  parts  projecting  beyond 
the  surface  of  revolving  shafting  shall  be  counter-sunk  or 
provided  with  suitable  covering. 

g.  All  machinery,  apparatus,  furniture  and  fixtures  shall 
be  so  placed  and  guarded  in  relation  to  one  another  as  to  be 
safe  for  all  persons. 

h.  Whenever  necessary  for  the  safety  of  employees  special 
clothing  or  guards  to  be  worn  upon  the  person  shall  be  pro- 
vided and  used. 

2.  No  person  shall  remove  or  maJce  ineffective  any  safeguard 
or  safety  appliance  or  device  around  or  attached  to  machinery, 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         507 

vats  or  pans,  unless  for  the  purpose  of  immediately  repairing  or 
adjusting  such  machinery,  guard,  appliance  or  device  and  he  shall 
immediately  replace  such  guard,  appliance  or  device  when  such 
purpose  is  accomplished.  It  shall  be  the  duty  of  the  employer  and 
of  every  person  exercising  direction  or  control  over  the  person  who 
removes  such  safeguard,  safety  appliance  or  device,  or  over  any 
person  for  whose  protection  it  is  designed,  to  see  that  it  is  promptly 
and  properly  replaced.  All  safeguards,  safety  appliances  and 
devices  shall  be  constantly  maintained  in  proper  condition. 

3.  If  the  commissioner  finds  that  a  machine  or  any  part  thereof 
is  in  a  dangerous  condition  or  is  not  properly  guarded  or  is  dan- 
gerously placed,  he  shall  attach  to  such  machine  a  notice  warning 
all  persons  against  the  use  thereof.  Such  notice  shall  not  be  re- 
moved except  by  an  authorized  representative  of  the  department 
nor  until  the  machinery  is  made  safe  and  the  required  safe- 
guards or  safety  appliances  or  devices  are  provided,  and  in  the 
meantime  such  machinery  shall  not  be  used. 

§  177.  Lighting  to  prevent  accidents.  1.  If  in  any  factory  there 
are  any  moving  parts  of  machinery  which  are  not  required  to  be 
guarded  under  the  provisions  of  section  one  hundred  and  seventy- 
six  or  the  rules  of  the  industrial  board,  all  such  moving  parts 
shall  be  kept  properly  lighted  during  working  hours  when  neces- 
sary to  prevent  accidents. 

2.  In  every  factory  all  places  where  persons  work  or  pass  or 
may  have  to  work  or  pass  in  emergencies,  shall  be  kept  .properly 
lighted  during  working  hours. 

3.  The  halls  and  stairs  leading  to  factory  workrooms  shall  be 
kept  properly  lighted  during  working  hours.       Except  when  ar- 
tificial light  is  unnecessary  a  light  shall  be  maintained  in  the  pub- 
lic hallways  near  the  stairs  upon  every  floor  in  every  working 
day  from  the  time  the  building  is  opened  for  use  in  the  morning 
until  it  is  closed  in  the  evening.    Such  lights  shall  be  so  arranged 
as  to  insure  their  reliable  operation  when  through  accident  or 
other  cause  the  regular  factory  lighting  is  extinguished. 

§  [79-f.].750.  [Meaning  of  terms.]  Incombustible,  fireproof 
and  -fire-resisting  material.  [The  following  terms  when  used  in 
this  article  shall  have  the  following  meanings : 

1.  Fireproof  construction.  A  building  shall  be  deemed  to  be 
of  fireproof  construction  if  it  conforms  to  the  following  require- 


508         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

ments:  All  walls  constructed  of  brick,  stone,  concrete  or  terra- 
cotta; all  floors  and  roofs  of  brick,  terra-cotta  or  reinforced  con- 
crete placed  between  steel  or  reinforced  concrete  beams  and  girders ; 
all  the  steel  entering  into  the  structural  parts  encased  in  at  least 
two  inches  of  fireproof  material,  excepting  the  wall  columns,  which 
must  be  encased  in  at  least  eight  inches  of  masonry  on  the  outside 
and  four  inches  on  the  inside ;  all  stairwells,  elevator  wells,  public 
hallways  and  corridors  enclosed  by  fireproof  partitions ;  all  doors, 
fireproof;  all  stairways,  landings,  hallways  and  other  floor  sur- 
faces of  incombustible  material ;  no  woodwork  or  other  combustible 
material  used  in  any  partition,  furring,  ceiling  or  floor;  and  all 
window  frames,  doors  and  sash,  trim  and  other  interior  finish 
of  incombustible  material ;  all  windows  shall  be  fireproof  windows 
except  that  in  buildings  under  seventy  feet  in  height  fireproof 
windows  are  required  only  when  within  thirty  feet  of  another 
building  or  opening  on  a  court  or  space  less  than  thirty  feet  wide ; 
except  that  in  buildings  under  one  hundred  feet  in  height  there 
may  be  wooden  sleepers  and  floor  finish  and  wooden  trim,  and  ex- 
cept that  in  buildings  under  one  hundred  and  fifty  feet  in  height 
heretofore  constructed  there  may  be  wooden  sleepers,  floor  finish 
and  trim  and  the  windows  need  not  be  fireproof  windows,  excepting 
when  such  windows  are  within  thirty  feet  of  another  building. 

2.  Fireproof  material  is  material  which  is  incombustible  and  is 
capable  of  resisting  the  effect  of  fire  in  such  manner  and  to  such 
extent  as  to  insure  the  safety  of  the  occupants  of  the  building. 
The  industrial  board  shall  determine  and  in  its  rules  and  regula- 
tions shall  specify  what  materials  are  fireproof  materials  within 
the  meaning  hereof.     The  industrial  board  shall  also  determine 
and  in"  its  rules  and  regulations  shall  specify  what  materials,  not 
being  fireproof  materials  within  the  meaning  hereof,  are  fire  resist- 
ing materials.     Fire  resisting  material,  when  required  by  any  of 
the  provisions  of  this  chapter,  shall  conform  to  requirements  of 
such  rules  and  regulations. 

3.  Incombustible  material  is  material  which  will  not  burn  or 
support  combustion. 

4.  A  fire  wall  is  a  wall  constructed  of  brick,  concrete,  terra-cotta 
blocks  or  reinforced  stone  concrete,  and  having  at  each  floor  level 
one  or  more  openings  each  protected  by  fire  doors  so  constructed 
as  to  prevent  the  spread  of  fire  or  smoke  through  the  openings. 
In  buildings  of  nonfireproof  construction  fire  walls  shall  be  at 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         509 

least  twelve  inches  in  thickness  and  shall  extend  continuously 
from  the  cellar  floor  through  the  entire  building  and  at  least  three 
feet  over  the  roof  and  be  coped;  except  that  walls  heretofore 
erected  not  less  than  eight  inches  in  thickness,  but  otherwise 
conforming  to  the  requirements  of  this  subdivision  shall  be 
considered  fire  walls  within  the  meaning  of  this  subdivision.  No 
opening  in  such  wall  shall  exceed  sixty-six  inches  in  width  or 
sixty  square  feet  in  area,  except  that  where  openings  not  exceeding 
eight  feet  in  width  exist  in  fire  walls  heretofore  erected,  such 
walls  may  be  considered  fire  walls  within  the  meaning  of  this 
subdivision,  and  in  the  case  of  fire  walls  hereafter  constructed  no 
two  openings  in  the  same  wall  and  at  the  same  floor  level  shall  be 
nearer  than  forty  feet  from  the  center  of  one  opening  to  the  center 
of  another.  Every  opening  in  a  fire  wall  shall  be  protected  by  a 
fire  door  closing  automatically  on  each  side  of  the  wall.  At  every 
opening  in  the  fire  wall  there  shall  be  an  incombustible  floor  finish 
extending  over  the  floor  for  the  full  thickness  of  the  wall  so  as  to 
completely  separate  the  woodwork  of  the  floors  on  each  side  of  the 
fire  wall.  In  fireproof  buildings  the  fire  walls  shall  comply  with 
the  foregoing  requirements  in  all  respects  excepting  that  they 
may  be  of  the  thickness  required  by  the  provisions  of  this  section 
with  respect  to  fireproof  partitions;  such  fire  walls  and  fireproof 
partitions  shall  be  continuous,  from  the  cellar  floor  to  the  under 
side  of  the  fireproof  roof. 

5.  Fireproof  partitions  shall  be  built  of  brick,  concrete,  rein- 
forced concrete  or  terra-cotta  blocks.  When  built  of  brick  or 
concrete  they  shall  be  not  less  than  eight  inches  in  thickness  for 
the  uppermost  forty  feet,  and  shall  increase  four  inches  in  thick- 
ness for  each  additional  lower  forty  feet  or  part  thereof ;  or,  when 
wholly  supported  by  suitable  steel  framing  at  vertical  intervals 
of  not  over  forty  feet,  they  may  be  eight  inches  in  thickness 
throughout  their  entire  height.  When  wholly  supported  at  verti- 
cal intervals  of  not  over  twenty-five  feet,  and  built  of  terra-cotta 
blocks,  they  shall  be  not  less  than  six  inches  in  thickness  and  when 
so  supported  and  built  of  reinforced  stone  concrete,  they  shall  be 
not  less  than  four  inches  in  thickness.  The  supporting  steel  frame- 
work shall  be  properly  encased  on  all  sides  by  not  less  than  two 
inches  of  fireproof  material,  securely  fastened  to  the  steel  work. 
All  openings  in  such  partitions  shall  be  provided  with  fire  doors. 


510         PROPOSED  RECODIFI CATION  OF  THE  LABOR  LAW. 

6.  Fire  doors.    Fire  doors  shall  be  metal-covered  doors,  or  doors 
of  such  other  material  as  shall  be  specified  in  the  rules  and  regu- 
lations of  the  industrial  board.     They  shall  be  provided  with  self- 
closing  devices  and  have  incombustible  sills.     The  industrial  board 
shall  determine,  and  in  its  rules  and  regulations  shall  specify, 
the  material  and  mode  and  manner  of  construction  and  erection 
of  such  doors. 

7.  Fireproof  windows  shall  be  windows  constructed  of  metal 
frames  and  sash  and  provided  with  wired  glass  and  of  the  auto- 
matic, self-closing  type. 

8.  Exterior  enclosed  fireproof  stairways  shall  be  stairways  com- 
pletely enclosed  from  top  to  bottom  by  walls  of  fireproof  material 
not  less  than  eight  inches  thick  extending  from  the  sidewalk,  court 
or  yard  level  to  the  roof,  and  with  walls  extending  above  the  roof 
so  as  to  form  a  bulkhead.     The  stairway  shall  in  all  other  respects 
conform  to  the  requirements  of  this  article  in  regard  to  enclosed 
stairways.     There  shall  be  no  opening  in  any  wall  separating  the 
exterior  enclosed  fireproof  stairway  from  the  building.     Access, 
shall  be  provided  to  the  stairway  from  every  floor  of  the  building 
by  means  of  an  outside  balcony  or  vestibule  of  steel,   iron  or 
masonry.     Every  such  balcony  or  vestibule  shall  have  an  unob- 
structed width  of  at  least  forty-four  inches  and  shall  be  provided 
with  a  fireproof  floor  and  a  railing  of  incombustible  material  not 
less  than  three  feet  high.     Access  to   such  balconies  from  the 
building  and  to  the  stairway  from  the  balconies,  shall  be  by  means 
of  fire  doors.     The  level  of  the  balcony  floor  shall  be  not  more 
than  seven  inches  below  the  level  of  the  door  sill  of  the  building. 
The  doors  shall  be  not  less  than  forty-four  inches  wide  and  shall 
swing  outward  onto  the  balcony  and  inward  from  the  balcony  to 
the  stairway,  and  shall  be  provided  with  locks  or  latches  with 
visible  fastenings  requiring  no  key  to  open  them  in  leaving  the 
building.     The  landings  in  such  stairway  shall  be  of  such  width 
that  the  doors  in  opening  into  the  stairway  shall  not  reduce  the 
free  passageway  of  the  landings  to  a  width  less  than  the  width  of 
the  stairs.     Every  such  stairway  shall  be  provided  with  a  proper 
lighting  system  which  shall  furnish  adequate  light  and  shall  be  so 
arranged  as  to  ensure  its  reliable  operation  when,  through  acci- 
dent or  other  cause,  the  regular  factory  lighting  is  extinguished. 
The  balconies  giving  access  to  such  stairways  shall  be  open  on  at 
least  one  side  upon  an  open  space  not  less  than  one  hundred  square 
feet  in  area. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         511 

9.  Horizontal  exit.    A  horizontal  exit  shall  be  the  connection  by 
means  of  one  or  more  openings  not  less  than  forty-four  inches 
wide,  protected  by  fire  doors,  through  a  fire  wall  in  any  building, 
or  through  a  wall  or  walls  between  two  buildings,  which  doors  shall 
continuously  be  unlocked  and  the  opening  unobstructed  whenever 
any  person  is  employed  on  either  side  of  the  opening.     Exterior 
balconies  and  bridges  not  less  than  forty-four  inches  in  width  con- 
necting two  buildings  and  not  having  a  gradient  of  more  than  one 
foot  fall  in  six,  may  also  be  counted  as  horizontal  exits  when  the 
doors  opening  out  upon  said  balconies  or  bridges  are  fireproof 
doors  and  are  level  with  the  floors  of  the  building,  and  when  all 
doors  of  both  buildings  opening  on  such  balconies  or  bridges  are 
continuously  kept  unlocked  and  unobstructed  whenever  any  person 
is  employed  on  either  side  of  the  exit,  and  when  such  balconies 
or  bridges  are  built  of  incombustible  material  and  are  capable 
of  sustaining  a  live  load  of  not  less  than  ninety  pounds  per  square 
foot  with  a  factor  of  safety  of  four;  and  when  such  balconies  or 
bridges  are  enclosed  on.  all  sides  to  a  height  of  not  less  than  six 
feet  and  on  top  and  bottom  by  fireproof  material,  unless  all  win- 
dows or  openings  within  thirty  feet  of  such  balconies  in  the  con- 
nected buildings  shall  be  encased  in  metal  frames  and  sash  and 
shall  have  wired  glass  where  glass  is  used.    In  any  case  there  shall 
be  on  each  side  of  the  wall  or  partition  containing  the  horizontal 
exit  and  independent  of  said  horizontal  exit,  at  least  one  stairway 
conforming  to  the  requirements  for  a  required  means  of  exit. 

10.  Exterior  screened  stairways  used  as  one  of  the  required 
means  of  exit  in  buildings  heretofore  erected  shall  be  built  of  in- 
combustible material.     The  risers  of  the  stairs  shall  be  not  more 
ttan  seven  and  three-quarters  inches  in  height  and  the  treads  not 
less  than  ten  inches  wide.     On  each  floor  there  shall  be  a  balcony 
connecting  with  the  stairs.     Access  to  the  balconies  shall  be  by 
means  of  fire  doors  that  shall  open  outwardly,  so  as  not  to  obstruct 
the  passageway,  or  slide  freely,  and  shall  extend  to  the  floor  level. 
All  windows  or  other  openings  opening  upon  the  course  of  such 
stairs  shall  be  fireproof.    The  level  of  the  balcony  floor  shall  not  be 
more  than  seven  inches  below  the  level  of  the  door  sill.     The  stairs 
shall  continue  from  the  roof  to  the  ground  level,  and  there  shall  be 
independent  means  of  exit  from  the  bottom  of  such  stairs  to  the 
street  or  to  an  open  court  or  to  a  fireproof  enclosed  passageway 
leading  to  the  street  or  to  an  open  area  having  communication  with 


512         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

the  street  or  road.     The  balconies  and  stairs  shall  be  enclosed  in 
a  screen  of  incombustible  material. 

11.  The  provisions  of  subdivisions  four  to  nine  inclusive  of  this 
section  shall  apply  to  all  buildings  hereafter  erected  and  to  all 
construction  hereafter  made  in  buildings  heretofore  erected.  The 
industrial  board  shall  adopt  rules  and  regulations  regulating  con- 
struction heretofore  made  in  buildings  heretofore  erected  requir- 
ing compliance  with  such  of  the  requirements  of  the  said  sub- 
divisions or  with  such  other  or  different  requirements  as  said 
board  may  find  to  be  reasonable  and  adequate  to  protect  persons 
employed  in  such  buildings  against  fire.] 

1.  The  term  "  incombustible  material"  when  used  in  this  title, 
means  material  which  will  not  burn  or  support  combustion. 

2.  The   term   "  fireproof  material,"   when  used  in   this   title, 
means  incombustible  material  capable  of  resisting  the  effect  of  fire 
to  a  sufficient  extent  to  insure  the  safety  of  the  occupants  of  the 
building.     The  industrial  board  shall  determine  and  shall  specify 
in  its  rules  what  materials  are  fireproof  materials  within  the  mean- 
ing hereof,  and  also  what  materials,  not  being  fireproof  materials 
within  the  meaning  hereof,  are  fire  resisting  materials. 

S.  The  term  "  fire  resisting  material"  when  used  in  this  title, 
means  material  conforming  to  such  latter  requirements. 

§  181.  Fire  door.  The  term  "  fire  door,"  when  used  in  this 
title,  means  a  metal-covered  door  or  door  of  such  other  fire  resist- 
ing material  as  shall  be  specified  in  the  rules  of  the  industrial 
board,  and  that  is  provided  with  a  self-closing  device  and  has  an 
incombustible  sill.  The  industrial  board  shall  determine,  and 
shall  specify  in  its  rules,  the  material,  and  the  manner  of  construc- 
tion and  erection  of  such  doors. 

§  182.  Fireproof  window.  The  term  "  fireproof  window," 
when  used  in  this  title,  means  a  window  of  the  automatic,  self- 
closing  type,  constructed  of  metal  frame  and  sash  or  frame  and 
sash  covered  with  metal,  and  provided  with  wired  glass. 

§  183.  Fireproof  partition.  The  term  "  fireproof  partition," 
when  used  in  this  title,  means  a  partition  built  of  brick,  concrete, 
reinforced  concrete  or  terra-cotta  blocks  and  in  conformity  with  the 
following  requirements.  When  built  of  brick  or  concrete  it  shall 
be  not  less  than  eight  inches  in  thickness  for  the  uppermost  forty 


KECODIFICATION  OF  TIIK  LABOR  LAW.         513 

feet,  and  shall  increase  four  inches  in  thickness  for  each  additional 
lower  forty  feet  or  part  thereof;  or  when  wholly  supported  by  suit- 
able steel  framing  at  vertical  intervals  of  not  over  forty  feet,  it 
may  be  eight  inches  in  thickness  throughout  its  entire  height. 
\Vlien  wholly  supported  at  vertical  intervals  of  not  over  twenty- 
five  feet,  and  built  of  terra-cotta  blocks,  it  shall  be  not  less  than 
six  inches  in  thickness  and  when  so  supported  and  built  of  rein- 
fo-rced  stone  concrete,  it  shall  be  not  less  than  four  inches   in 
thickness  when  wholly  supported  at  vertical  intervals  of  not  over 
eighteen  feet,  and  built  of  reinforced  cinder  concrete  it  shall  be 
not   less   than   four   inches  in   thickness.     The   supporting  steel 
framework  shall  be  properly  encased  on  all  sides  by  not  less  than 
two  inches  of  fireproof  material,  securely  fastened  to  the  steel 
work.     All  openings  in  the  partition  shall  be  provided  with  fire- 
doors. 

§  18 If-.  Fireproof  building.  The  term  "  fireproof  building," 
when  used  in  this  title,  means  a  building  conforming  to  the  follow- 
ing requirements: 

1.  All  walls  shall  be  constructed  of  brick,  stone,  concrete  or 
terra-cotta. 

2.  All  floors  and  roofs  shall  be  built  of  brick,  terra-cotta  or  rein- 
forced concrete  placed  between  steel  or  reinforced  concrete  beams 
and  girders. 

3.  All  steel  entering  into  the  structural  parts  shall  be  encased 
in   at   least   two   inches   of  fireproof  material,   except   the   wall 
columns,  which  shall  be  encased  in  at  least  eight  inches  of  masonry 
on  the  outside  and  four  inches  on  the  inside. 

4-  All  stairwells,  elevator  wells,  public  hallways  and  corridors 
shall  be  enclosed  by  fireproof  partitions. 

5.  All  doors  shall  be  fire  doors. 

6.  All  stairways,  landings,  halhuays,  partitions,  furring,  ceil- 
ings, floors,  sash,  trim  and  other  interior  finish,  shall  be  con- 
structed of  incombustible  material. 

7.  All  windows  shall  be  fireproof  windows. 

S.  Exceptions:  (a)  In  buildings  erected  after  October  first, 
nineteen  hundred  and  thirteen,  under  seventy  feet  in  height,  fire- 
proof windows  shall  be  required  only  when  within  thirty  feet  of 
another  building  or  opening  on  a  court  or  space  less  than  thirty 


514         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

feet  wide,  (b)  In  buildings  erected  after  October  first,  nineteen 
hundred  and  fourteen,  under  one  hundred  feet  in  height,  there 
may  be  wooden  sleepers,  floor  finish  and  trim,  (c)  In  buildings 
erected  before  October  first,  nineteen  hundred  and  thirteen,  under 
one  hundred  and  fifty  feet  in  height  there  may  be  wooden  sleepers, 
floor  finish  and  trim  and  fireproof  wind.ows  shall  be  required  only 
when  such  windows  are  within  thirty  feet  of  another  building. 

§  185.  Fire  wall.  The  term  "  fire  wall,"  when  used  in  this 
title,  means  a  wall  conforming  to  the  following  requirements: 

1.  It  shall  be  constructed  of  brick,  concrete,  terra-cotta  blocks 
or  reinforced  stone  concrete. 

2.  It  shall  have  at  each  floor  level  one  or  more  openings  each 
protected  by  fire  doors  closing  automatically  on  either  side  of  the 
wall  and  so  constructed  as  to  prevent  the  spread  of  fire  or  smoke 
through  the  openings. 

3.  In  nonfireproof  buildings  such  walls  shall  be  at  least  eight 
inches  thick  for  the  uppermost  forty  feet  and  shall  increase  at 
least  four  inches  in  thickness  for  each  additional  lower  forty  feet 
or  part  thereof  if  erected  after  October  first,  nineteen  hundred  and 
thirteen,  and  at  least  eight  inches  thick  if  erected  before  that  date. 
In  fireproof  buildings  such  wall  shall  be  of  the  thickness  required 
for  a  fireproof  partition  by  section  one  hundred  and  eighty-three. 

4-  No  opening  in  such  a  wall  erected  after  October  first,  nine- 
teen hundred  and  thirteen,  shall  exceed  sixty-six  inches  in  width 
or  sixty  square  feet  in  area,  and  no  opening  in  such  a  wall  erected 
before  that  date  shall  exceed  eight  feet  in  width.  The  industrial 
board 'in  its  rules  may  except  from  the  requirements  of  this  sub- 
division, walls  erected  after  October  first,  nineteen  hundred  and 
thirteen,  in  buildings  constructed  before  that  date,  in  which  case 
no  opening  in  such  walls  shall  exceed  eight  feet  in  width. 

5.  The  center  of  every  opening  in  such  a  wall  erected  after  Oc- 
tober first,  nineteen  hundred  and  thirteen,  shall  be  at  least  forty 
feet  from  the  center  of  every  other  opening  therein  at  the  same 
floor  level. 

6.  At  every  opening  in  the  wall  there  shall  be  an  incombustible 
floor  finish  extending  over  the  floor  the  full  thickness  of  the  wall 
so  as  to  completely  separate  the  woodwork  of  the  floors  on  each  side 
of  the  wall. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         515 

7.  In  a  nonfireproof  building  the  wall  shall  extend  from 
the  cellar  floor  to  at  least  three  feet  above  the  roof  and  be  coped. 
In  a  fireproof  building  it  shall  extend  from  the  cellar  floor  to  the 
under  side  of  the  fireproof  roof. 

§  186.  Exterior  enclosed  fireproof  stairway.  The  term  "  ex- 
terior enclosed  fireproof  stairway/'  when  used  in  this  title,  means 
a  stairway  conforming  to  the  following  requirements: 

1.  It  shall  be  completely  enclosed  from  top  to  bottom  by  walls 
of  fireproof  material  not  less  than  eight  inches  thick  extending 
from  the  sidewalk,  court  or  yard  level  to  the  roof,  and  above  the 
roof  so  as  to  form  a  bulkhead. 

2.  It  shall  in  all  other  respects  conform  to  the  requirements  of 
sections  one  hundred  and  ninety,  one  hundred  and  ninety-one  and 
one  hundred  and  ninety-two,  in  regard  to  stairways  and  their  en- 
closure. 

3.  There  shall  be  no  opening  in  any  wall  separating  it  from  the 
building. 

4.  Access  shall  be  .provided  to  the  stairway  from  every  floor  of 
the  building  by  means  of  an  outside  balcony  or  vestibule  of  steel, 
iron  or  masonry.     Every  such  balcony  or  vestibule  shall  have  an 
unobstructed  width  of  at  least  forty-four  inches  and  shall  be  pro- 
vided with  a  fireproof  floor  and  a  railing  of  incombustible  material 
not  less  than  three  feet  high.     Access  to  such  balconies  from  the 
building  and  to  the  stairway  from  the  balconies  shall  be  by  mean 
of  fire  doors.     The  level  of  the  balcony  floor  shall  be  not  more 
than  seven  inches  below  the  level  of  the  door  sill  of  the  building. 
The  doors  shall  be  not   less  than  forty  inches  wide  and  shall 
swing  outward  onto  the  balcony  and  inward  from  the  balcony  to 
the  stairway,  and  shall  be  provided  with  locks  or  latches  with 
visible  fastenings  requiring  no  key  to  open  them  in  leaving  the 
building.     The  balconies  shall  be  open  on  at  least  one  side  upon  an 
open  space  not  less  than  one  hundred  square  feet  in  area. 

5.  The  landings  shall  be  of  such  width  that  the  doors  in  open- 
ing into  the  stairway  shall  not  reduce  the  free  passageway  of  the 
landings  to  a  width  less  than  the  width  of  the  stairs. 

6.  Such   stairway  shall   be   provided  with   a  proper  lighting 
system  which  shall  furnish  adequate  light  and  shall  be  so  arranged 
as  to  ensure  its  reliable  operation  when  through  accident  or  other 
cause,  the  regular  factory  lighting  is  extinguished. 


516         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

§  187.  Horizontal  exit.  The  term  "  horizontal  exit/'  when 
used  in  this  title,  means  either  (a-)  an  opening  through  a  firewall 
in  any  building  or  through  a  wall  or  walls  between  two  buildings, 
which  opening  conforms  to  the  requirements  of  subdivision  one,  or 
(b)  a  balcony  or  bridge  connecting  two  buildings  and  conforming 
to  the  requirements  of  subdivisions  two  to  six  inclusive. 

1.  It  shall  not  be  less  than  forty  inches  wide  and  shall  be 
protected  by  fire  doors.    Such  doors  shall  be  kept  unlocked  and  un- 
obstructed whenever  any  person  is  employed  on  either  side.     On 
each  side  of  the  opening  there  shall  be  at  least  one  stairway  con- 
forming to  the  requirements  for  required  exits. 

2.  It  shall  not  be  less  than  forty-four  inches  wide  with  a  gradi- 
ent of  not  more  than  one  foot  fall  in  six. 

3.  The  doors  opening  upon  it  from  each  building  shall  be  fire 
doors  level  with  the  floors  of  the  respective  buildings.     Such  doors 
shall  be  kept  unlocked  and  unobstructed  whenever  any  person  is 
employed  on  either  side  of  the  balcony  or  bridge. 

4.  It  shall  be  built  of  incombustible  material  and  be  capable  of 
sustaining  a  live  load  of  not  less  than  ninety  pounds  per  square 
foot  with  a  factor  of  safety  of  four. 

5.  It  shall,  unless  all  windows  or  other  openings  within  thirty 
feet  of  it  in  the  connected  buildings  are  encased  in  metal  frames 
and  sash  or  frames  and  sash  covered  with  metal  and  with  wired 
glass  where  glass  is  used,  be  enclosed  by  fireproof  material  on 
the  top  and  bottom  and  on  all  sides  to  a  height  of  not  less  than 
six  feet. 

6.'  On  each  side  of  it  there  shall  be  at  least  one  stairway  con- 
forming to  the  requirements  for  required  exits. 

§  .188.  Exterior  screened  stairway.  The  term  "  exterior 
screened  stairway/'  when  used  in  this  title,  means  a  stairway  con- 
forming to  the  following  requirements: 

1.  It  shall  be  built  of  incombustible  material. 

2.  The  risers  of  the  stairs  shall  not  be  more  than  seven  and 
three-quarters  inches  in  height  and  the  treads  not  less  than  ten 
inches  wide. 

3.  On  each  floor  there  shall  be  a  balcony  connecting  with  the 
stairs. 


PROPOSED  RECODIFICATIOH  OF  THE  LABOR  LAW.         517 

4.  Access  to  the  balconies  shall  be  by  means  of  fire  doors  which 
shall  extend  to  the  floor  level  and  which  shall  slide  freely  or  open 
outwardly  so  as  not  to  obstruct  the  passageway. 

5.  All  windows  or  other  openings  opening  upon  the  course  of 
such  stairs  shall  be  fireproof. 

6.  The  level  of  the  balcony  floor  shall  not  be  more  than  seven 
inches  below  the  level  of  the  door  sill. 

7.  The  stairs  shall  continue  from  the  roof  to  the  ground  levelt 
and  shall  lead  (a)  directly  to  a  street,  or  (b)  to  a  fireproof  en- 
closed passageway  independent  of  other  exit  from  the  building  and 
leading  to  a  street  or  road,  or  (c)  to  an  open  area  having  com- 
munication with  a  street  or  road. 

8.  The  balconies  and  stairs  shall  be  enclosed  in  a  screen  of  in- 
combustible material. 

9.  If  erected  after  July  first,  nineteen  hundred  and  fourteen, 
the  stairway  shall  be  not  less  than  three  feet  wide. 

§  189.  Application  of  provisions.  The  provisions  of  sections 
one  hundred  and  eighty-one,  one  hundred  and  eighty-two,  one  hun- 
dred and  eighty-three,  one  hundred  and  eighty-five,  one  hundred 
and  eighty-six  and  one  hundred  and  eighty-seven  shall  apply  to 
all  buildings  erected  after  October  first,  nineteen  hundred  and 
thirteen,  and  to  all  construction  made  after  that  date  in  buildings 
erected  prior  to  that  date.  The  industrial  board  shall  adopt  rules 
regulating  construction  before  October  first,  nineteen  hundred  and 
thirteen,  in  buildings  erected  before  that  date,  requiring  com- 
pliance with  such  of  the  requirements  of  said  sections,  or  with 
such  other  or  different  requirements  as  it  finds  reasonable  and 
adequate  to  protect  persons  employed  in  such  buildings. 

§  [79-a.]tf00.  Construction  of  [factory]  buildings  [hereof ter] 
erected  after  October  first,  nineteen  hundred  and  thirteen.  No 
factory  shall  be  conducted  in  any  building  [hereafter]  erected 
after  October  first,  nineteen  hundred  and  thirteen,  which  is  more 
than  one  story  in  height  unless  such  building  shall  conform  to  the 
following  requirements: 

1.  Fireproof  construction.   All  buildings  more  than  four  stories 
in  height  shall  be  [of]  fireproof  [construction]. 

2.  Roofs  and  walls.     All  roofs  shall  be  covered  with  incom- 
bustible material  or  shall  be  of  tar  and  slag  or  plastic  cement  sup- 


518         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

ported  by  or  applied  to  [arches  of  fireproof  material,]  materials 
of  slow  burning  construction  and  the  cornices  shall  be  constructed 
of  incombustible  material.  All  exterior  walls  within  twenty-five 
feet  of  any  nonfireproof  building  shall  be  not  less  than  eight 
inches  thick  and  shall  extend  three  feet  above  the  roof. 

[2,  Floor  area  and  r]#.  -Required  exits.  The  term  "  floor 
area  "  as  used  in  this  section  |[signifies]  means  the  entire  space 
between  fire  walls,  or  between  a  fire  wall  and  an  exterior  wall  of 
a  building,  or  between  the  exterior  walls  of  the  building  where 
there  is  no  intervening  fire  wall.  From  every  floor  area  there 
shall  be  not  less  than  two  [means  of]  exits  remote  from  each 
other,  one  of  which  on  every  floor  above  the  ground  floor  shall 
be  an  interior  [enclosed  fireproof]  stairway  or  an  exterior  en- 
closed fireproof  stairway,  and  the  other  '[shall  be]  either  such  a 
stairway  or  a  horizontal  exit.  ISTo  point  in  any  floor  area  shall 
be  more  than  one  hundred  feet  distant  from  the  entrance  to  one 
such  [means  of]  exit  at  that  floor.  Whenever  any  floor  area  ex- 
ceeds five  thousand  square  feet  there  shall  be  [provided]  at  least 
one  additional  |[means  of]  exit  as  hereinbefore  described  and 
there  shall  be  another  additional  exit  for  each  additional  five 
thousand  square  feet  or  part  thereof  [in  excess  of  five  thousand 
square  feet].  In  every  building  over  one  hundred  feet  in  height 
there  shall  be  at  least  one  exterior  enclosed  fire  proof  stairway 
which  shall  be  accessible  from  any  point  in  the*  building. 

[3]-4.  Stairways.  All  stairways  shall  be  constructed  of  incom- 
bustible material  and  shall  have  an  unobstructed  width  of  at  least 
forty-four  inches  throughout  their  length,  except  that  hand  rails 
may  project  not  more  than  three  and  one-half  inches  into  such 
width.  There  shall  be  not  more  than  twelve  feet  six  inches  in 
height  between  successive  landings.  The  treads  shall  be  not  less 
than  ten  inches  wide  exclusive  of  nosing,  and  the  rise  shall  be  not 
more  than  seven  and  three-fourths  inches.  No  stairway  with 
"winders"  shall  be  allowed  except  [as  a  connection  from  one 
floor  to  another]!  a  single  flight  connecting  only  two  floors.  The 
treads  shall  be  constructed  and  maintained  in  such  manner  as  to 
prevent  persons  from  slipping  thereon.  Every  stairway  shall  be 
enclosed  on  all  sides  by  fireproof  partitions  extending  continu- 
ously from  the  lowest  story  to  which  such  stairway  extends  to 
three  feet  above  the  roof.  i[and  t]  The  roofs  of  the  enclosure  shall 
be  constructed  of  fireproof  material  at  least  four  inches  thick  with 
a  skylight  at  least  three-fourths  the  area  of  the  shaft.  All  stair- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         519 

ways  serving  as  required  [means  of]  exits  shall  extend  to  the 
roof  and  shall  lead  (a)  continuously  to  the  street,  or  (b)  to  a 
fireproof  passageway  independent  of  other  [means  of]  exit  from 
the  building,  opening  on  a  road  or  street,  or  (c)  to  an  open  area 
affording  unobstructed  passage  to  a  road  or  street.  [All  stair- 
ways that  extend  to  the  top  story  shall  be  continued  to  the  roof.] 
Provision[s]  shall  be  made  for  the  adequate  lighting  of  all  stair- 
ways by  artificial  light. 

[4]5.  Doors  and  doorways.  All  doors  shall  open  outwardly. 
The  width  of  the  hallways  and  exit  doors  leading  to  the  street,  at 
the  street-level,  shall  be  not  less  than  the  aggregate  width  of  all 
stairways  leading  to  them.  Every  door  leading  to  or  opening  on 
a  stairway  shall  have  an  unobstructed  width  of  at  least 
forty[-four]  inches. 

[5] 6.  Partitions.  All  partitions  in  the  interior  of  fireproof 
buildings  [of  fireproof  construction]  shall  be  of  incombustible 
material. 

[6]  7.  [Openings  to  be  enclosed]  Shafts.  All  elevator  and 
dumbwaiter  shafts,  vent  and  light  shafts,  pipe  and  duct  shafts, 
hoistways  and  all  other  vertical  openings  leading  from  one  floor  to 
another  shall  be  enclosed  throughout  their  height  [on  all  sides] 
by  enclosures  of  fireproof  material.  Every  such  enclosure  shall 
have  a  roof  of  fireproof  material,  [and  i]  7f  the  enclosure  extends 
to  the  top  story  it  shall  be  continued  to  three  feet  above  the  roof 
of  the  building  and  shall  have  at  the  top  either  a  metal-framed 
skylight  [in  a  metal  frame]  at  least  three-fourths  of  the  area  of 
the  shaft  or  [exterior]  a  window  with  metal  frame  and  sash.  The 
bottom  of  the  enclosure  shall  be  of  fireproof  material  unless  the 
[opening]  enclosure  extends  to  the  cellar  bottom.  All  openings 
in  such  enclosures  shall  be  provided  with  fire[proof]  doors,  except 
that  openings  in  the  enclosures  of  vent  and  light  shafts  shall  be 
provided  either  with  fire[proof]  doors  or  with  windows  having 
metal  frames  and  sash  and  wired  glass  where  glass  is  used. 

§  [79-b]7#7.  Requirements  for  [existing]  buildings  erected 
before  October  first,  nineteen  hundred  and  thirteen.  No  factory 
shall  be  conducted  in  any  building  [heretofore]  erected  before 
October  first,  nineteen  hundred  and  thirteen,  unless  such  building 
shall  conform  to  the  following  requirements: 

1.  Required  exits.  [Every  building  over  two  stories  in  height 
shall  be  provided  on  each  floor  with  at  least  two  means  of  exit  or 


520         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

escape  from  fire,]  From  every  floor  in  a  building  over  two  stories 
in  height  there  shall  be  at  least  two  exits  remote  from  each  other 
[?  °X  ^ne  of  [which]  them  on  every  floor  ahove  the  ground  floor 
shall  [lead  to  or  open  on]'  be  either  an  interior  stairway  which  [in 
buildings  over  four  stories  in  height]  shall  be  enclosed  as  herein- 
after provided,  or  |[to]  an  exterior  enclosed  fireproof  stairway. 
The  other  shall  [lead  to]1  be  either  such  a  stairway;  or  [to]  a 
horizontal  exit;  or  [to]  an  exterior  screened  stairway;  or  in 
buildings  of  five  stories  or  less  in  height  to  fire  escapes  on  the 
outside  of  the  building  except  that  such  fire  escapes  shall  not  be 
accepted  as  a  required  exit  in  such  buildings  or  particular  classes 
thereof  where  the  industrial  board  finds  that  such  fire  escapes 
would  not  in  its  opinion  furnish  adequate  and  safe  means  of  escape 
for  the  occupants  in  case  of  fire  or  to  such  outside  fire  escapes 
in  buildings  over  five  stories  in  height  when,  in  the  opinion 
of  the  industrial  board  the  safety  of  the  occupants  of 
the  building  would  not  be  endangered  thereby  [to  a  fire 
cscape[s]  on  the  outside  of  the  building].  No  point  on  any  floor 
[of  such  factory]  shall  be  more  than  one  hundred  feet  distant 
from  the  •  entrance  to  one  such  [means  of]  exit  at  that  floor. 
Whenever  egress  may  be  had  from  the  roof  to  an  [adjoining  or 
nearby]  adjacent  structure,  every  stairway  serving  as  a  required 
[means  of]  exit  shall  be  extended  to  the  roof.  All  such  stairways 
shall  extend  to  the  first  story  and  lead  to  the  street,  or  to  an  un- 
obstructed passageway  leading  to  a  street  or  road  or  to  an  open 
area  affording  safe  passage  to  a  street  or  road. 

2.  Stairway  enclosures.  All  interior  stairways  serving  as  re- 
quired |[means  of]  exits  in  buildings  more  than  [four]  five 
stories  in  height  and  the  landings,  platforms  and  passageways 
connected  therewith  shall  be  enclosed  on  all  sides  by  partitions  of 
fire  resisting  material  extending  continuously  from  the  basement. 
Where  the  stairway  extends  to  the  top  floor  of  the  building  such 
partitions  shall  extend  to-  three  feet  above  the  roof.  [All  open- 
ings in  such  partitions  shall  be  provided  with  self-closing  doors 
constructed  of  fire  resisting  material  except  where  such  openings 
are  in  the  exterior  wall  of  the  building.]  All  such  partitions  and 
the  doors  provided  for  the  openings  therein  .shall  be  constructed 
in  such  manner  as  the  industrial  board  may  prescribe  by  its  rules 
and  regulations.  The  industrial  board  shall  have  power  to  adopt 
rules  and  regulations  requiring  the  enclosure  of.  stairways  serving 
as  required  exits  in  buildings  of  five  stories  or  less  in  height  or 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         521 

in  particular  classes  of  such  buildings  whenever  the  board  finds 
that  because  of  the  conditions  existing  in  such  buildings  such  re- 
quirement is  necessary  to  secure  the  safety  of  the  lives  of  the 
occupants  tliereof,  in  case  of  fire.  Whenever,  in  the  case  of  [any 
existing]  buildings  erected  before  October  first ,  nineteen  hundred 
and  thirteen,  not  over  six  stories  in  height,  the  industrial  board 
[shall]  finds  that  the  requirements  of  this  [and  the  last  pre- 
ceding] subdivision  [relating  to  stairway  enclosures]  can  be 
dispensed  with  or  modified  without  endangering  the  safety  of 
employees  [persons  employed  in  such  buildings,  the  industrial 
board  shall  have  power  to]  it  may  adopt  [such]  rules  [and 
regulations  as  may,  in  its  opinion,  meet  the  conditions  existing 
in  such  buildings,  which  rules  and  regulations  may  make  said  re- 
quirements inapplicable  or]  modify  [the  same]m#  the  require- 
ments of  this  subdivision  in  such  manner  as  it  [may]  finds  [to 
be]  adapted  to  securing  the  safety  of  employees,  [persons  em- 
ployed therein.]  The  industrial  board  [shall  have  power  to]  may 
adopt  rules  [and  regulations]  permitting,  under  conditions  there- 
in prescribed,  as  a  substitute  for  the  stairway  enclosures  herein 
required  the  use  of  partitions  [[heretofore]  constructed  before 
October  first,  nineteen  hundred  and  thirteen,  in  such  manner  and 
of  such  fire  resisting  material  as  [have  heretofore  been]  were 
approved  before  that  date  by  the  local  authorities  exercising  super- 
vision over  the  construction  and  alteration  of  buildings.  [In 
such  cases,  however,  e]£Very  opening  in  the  [enclosing]  partitions 
required  by  this  subdivision  or  by  rules  adopted  thereunder  shall 
be  provided  with  fire  doors  except  where  such  openings  are  in  the 
exterior  wall  of  the  building  in  which  case  if  they  are  within  thirty 
feet  of  unother  building  they  shall  be  provided  with  fireproof 
windows  or  fire  doors. 

S.  Width  of  stairways.  All  stairways  erected  after  July  first, 
nineteen  hundred  and  fourteen,  shall  be  not  less  than  three  feet 
wide. 

[3]^.  Doors.  Where  five  or  more  persons  are  employed  on  any 
floor  [of  a  factory  building  every]1  all  doors  on  such  floor  leading 
to  or  opening  on  any  [means  of]  exit  shall  open  outwardly  or 
be  double  swinging  doors  or  be  so  constructed  as  to  slide  freely. 
All  exit  doors  in  the  first  story,  including  the  doors  of  the  ves- 
tibule, shall  open  outwardly. 

[4.  Fire-escapes.  All  outside  fire-escapes  shall  be  constructed 
of  wrought  iron  or  steel  and  shall  be  so  designed,  constructed  and 


522         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

erected  as  to  safely  sustain  on  all  platforms,  balconies  and  stair- 
ways a  live  load  of  not  less  than  ninety  pounds  per  square  foot 
with  a  factor  of  safety  of  four.  Wherever  practicable,  a  continu- 
ous run  or  straight  run  stairway  shall  be  used.  On  every  floor 
above  the  first  there  shall  be  balconies  or  landings  embracing  one 
or  more  easily  accessible  and  unobstructed  openings  at  each  floor 
level,  connected  with  each  other  and  with  the  ground  by  means 
of  a  stairway  constructed  as  hereinafter  provided  and  well  fastened 
and  secured.  All  openings  leading  to  outside  fire-escapes  shall 
have  an  unobstructed  width  of  at  least  two  feet  and  an  unob- 
structed height  of  at  least  six  feet  and  shall  extend  to  the  floor 
level  or  within  six  inches  thereof,  and  shall  be  not  more  than  seven 
inches  above  the  floor  of  the  fire-escape  balcony.  Such  opening 
shall  have  metal  frames  and  be  provided  with  doors  constructed 
of  fireproof  material  with  wired  glass  where  glass  is  used.  All 
windows  opening  upon  the  course  of  the  fire-escape  shall  be  fire- 
proof windows.  The  balconies  shall  have  an  unobstructed  width 
of  at  least  four  feet  throughout  their  length  and  shall  have  a 
landing  not  less  than  twenty-four  inches  square  at  the  head  of 
every  stairway.  There  shall  be  a  passageway  between  the  stair- 
way opening  and  the  side  of  the  building  at  least  eighteen  inches 
wide  throughout  except  where  the  stairways  reach  and  leave  the 
balconies  at  the  ends  or  where  double  run  stairways  are  used.  The 
stairway  opening  of  the  balconies  shall  be  of  i  size  sufficient  to 
provide  clear  headway  and  shall  be  guarded  on  the  long  side  bj 
an  iron  railing  not  less  than  three  feet  in  height.  Each  balcony 
shall  be  surrounded  by  an  iron  railing  not  less  than  three  feet  in 
height  thoroughly  and  properly  braced.  The  balconies  shall  be 
connected  by  stairways  not  less  than  twenty-two  inches  wide  placed 
at  an  incline  of  not  more  than  forty-five  degrees,  with  steps  of  not 
less  than  eight-inch  tread  and  not  over  eight-inch  rise  and  provided 
with  a  handrail  not  less  than  three  feet  in  height.  The  treads  of 
such  stairways  shall  be  so  constructed  as  to  sustain  a  live  load 
of  four  hundred  pounds  per  step  with  a  factor  of  safety  of  four. 
There  shall  be  a  similar  stairway  from  the  top  floor  balcony  to  the 
roof,  except  where  the  fire-escape  is  erected  on  the  front  of  the 
building.  A  similar  stairway  shall  also  be  provided  from  the 
lowest  balcony  to  a  safe  landing  place  beneath,  which  stairway 
shall  remain  down  permanently  or  be  arranged  to  swing  up  and 
down  automatically  by  counterbalancing  weights.  When  not 
erected  on  the  front  of  the  building,  safe  and  unobstructed  egress 


sKT)  RECODIFJCATION  OF  THE  LABOI;  LAW.          523 


squill  be  provided  from  the  foot  of  the  fire-escape  by  means  of  an 
open  court  or  courts  or  a  fireproof  passageway  having  an  unob- 
structed width  of  at  least  three  feet  throughout  leading  to  the 
street,  or  by  means  of  an  open  area  having  communication  with 
the  street  ;  such  fireproof  passageway  shall  be  adequately  lighted 
at  all  times  and  the  lights  shall  be  so  arranged  as  to  ensure  their 
reliable  operation  when  through  accident  or  other  cause  the  regu- 
lar factory  lighting  is  extinguished. 

5.  The  provisions  of  subdivision  four  shall  not  apply  where  at 
the  time  this  act  takes  effect  there  are  outside  fire-escapes  with 
balconies  on  each  floor  of  the  building  connected  with  stairways 
placed  at  an  angle  of  not  more  than  sixty  degrees,  provided  that 
such  existing  outside  fire-escapes  have  or  shall  be  provided  with 
the  following: 

A  stairway  leading  from  the  top  floor  balcony  to  the  roof, 
except  where  the  fire-escapes  are  erected  on  the  front  of  the  build- 
ing; a  stairway  not  less  than  twenty-two  inches  wide  from  the 
lowest  balcony  to  a  safe  landing  place  beneath,  which  stairway  re- 
mains down  permanently  or  is  arranged  to  swing  up  and  down  by 
counter-balancing  weights;  a  safe  and  unobstructed  exit  to  the 
street  from  the  foot  of  such  fire-escapes  as  provided  in  subdivision 
four  hereof  ;  steps  connecting  the  sill  of  every  opening  leading  to 
the  fire-escapes  with  the  floor  wherever  such  sill  is  more  than  three 
feet  above  the  floor  level;  and  all  openings  leading  to  the  fire 
escapes  provided  with  windows  having  metal  frames  and  sash  and 
with  wired  glass  where  glass  is  used,  or  with  doors  constructed 
in  accordance  with  the  requirements  of  subdivision  four  ;  and  all 
windows  opening  upon  the  course  of  the  fire-escape  provided  with 
fireproof  windowrs.] 

§.  [79-c]7P#.  Additional  requirements  common  to  all  buildings 
[heretofore  and  hereafter  erected].  No  factory  shall  be  con- 
ducted in  any  building  unless  such  building  shall  be  so  con- 
structed, equipped  and  maintained  in  all  respects  as  to  afford  ade- 
quate protection  against  fire  to  all  persons  employed  therein,  nor 
unless,  in  addition  to  the  requirements  of  section  [seventy-nine-a] 
one  hundred  and  ninety,,  in  the  case  of  a  building  [hereafter] 
erected  after  October  first,  nineteen  hundred  and  thirteen,  or  of 
section  [seventy-nine-b]  one  hundred  and  ninety-one,  in  the  case 
of  a  building  [heretofore]  erected  before  that  date,  such  building 
shall  conform  to  the  following  requirements  : 


524         PROPOSED  RE  CODIFICATION  OF  THE  LABOK  LAW. 

1.  Access  to  exits.  Safe  and  continuous  passageways  with  an 
unobstructed  width  of  at  least  three  feet  throughout  their  length 
and  leading  directly  to  every  exit  including  fire-escapes  and  pas- 
senger elevators,  shall  be  maintained  at  all  times  on  every  floor  of 
the  building.  Every  exit  shall  be  maintained  in  an  unobstructed 
condition. 

[1]#.  Stairways.  Stairways  shall  be  provided  with  proper 
[and  substantial]  hand-rails.  Where  the  stairway  is  enclosed 
by  fireproof  partitions  the  bottom  of  the  enclosure  shall  be  of  fire- 
proof material  at  least  four  inches  thick  unless  the  fireproof  parti- 
tions extend  to  the  cellar  bottom.  All  stairways  that  extend  to 
the  top  story  shall  be  continued  to  the  roof. 

[2] 3.  Doors  and  windows.  No  door  leading  out  of  any  factory 
shall  be  locked,  bolted  or  fastened  during  working  hours.  No  doo? 
constituting  an  entrance  to  the  factory  building  shall  be  locked, 
fastened  or  bolted  on  either  side  during  working  hours.  No 
door,  window  or  other  opening  on  any  floor  of  a  factory  build- 
ing shall  be  obstructed  by  stationary  metal  bars,  grating  or  wirf 
mesh.  Metal  bars,  grating  or  wire  mesh  provided  for  any  such 
door,  window  or  other  opening  shall  be  so  constructed  as  to  be 
readily  movable  or  removable  [from  both  sides]  in  such  manner 
as  to  afford  the  free  and  unobstructed  use  of  such  door,  window 
or  other  opening  as  a  means  of  egress  in  case  of  need  [and  they]1. 
Such  openings  shall  be  left  unlocked  during  working  hours. 
Every  door  opening  on  a  stairway  or  other  [means  of]  exit  shall 
so  open  as  not  to  obstruct  the  passageway.  A  clearly  painted 
sign  marked  "  exit "  in  letters  not  less  than  eight  inches  in  height 
shall  be  placed  over  all  |[exits]  openings  leading  to  stairways 
and  other  [means  of  egress]  exits,  and  in  addition  a  red  light 
shall  be  placed  over  all  such  [exits]  openings  for  use  in  time  of 
darkness. 

[3.  Access  to  exits.  There  shall  at  all  times  be  maintained  con- 
tinuous, safe,  unobstructed  passageways  on  each  floor  of  the  build- 
ing, with  an  unobstructed  width  of  at  least  three  feet  throughout 
their  length  leading  directly  to  every  means  of  egress,  including 
outside  fire-escapes  and  passenger  elevators.  All  means  of  egress 
shall  be  maintained  in  an  unobstructed  condition.  No  door  lead- 
ing into  or  out  of  any  factory  or  any  floor  thereof  shall  be  locked, 
bolted  or  fastened  during  working  hours.] 

4.  Regulation  by  industrial  board.  The  industrial  board  [shall 
have  power  to]  may  adopt  rules  [and  regulations]  and  establish 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         525 

requirements  and  standards  for  construction,  equipment  and 
maintenance  of  factory  buildings  or  of  particular  classes  of  fac- 
tory buildings  and  the  means  and  adequacy  of  exit  therefrom  in 
order  to  carry  out  the  purposes  of  this  chapter  in  addition  to 
the  requirements  of  this  section  and  of  sections  [seventy-nine-a 
and  seventy-nine-b,  and  not  inconsistent  therewith.  J  one  hundred 
and  ninety,  one  hundred  and  ninety-one,  and  one  hundred  and 
ninety-two. 

§  193.  Fire-escapes  erected  after  October  first,  nineteen  hun- 
dred and  thirteen.  All  outside  -fire-escapes  erected  after  Oc- 
tober first,  nineteen  hundred  and  thirteen,  whether  serving  as  re- 
quired exits  or  otherwise  shall  conform  to  the  following  require- 
ments: 

1.  They  shall  be  built  of  wrought  iron  or  steel  and  shall  be  so 
constructed  and  erected  as  to  safely  sustain   on  all  platforms, 
balconies  and  stairways  a  live  load  of  not  less  than  ninety  pounds 
per  square  foot  with  a  factor  of  safety  of  four. 

2.  Whenever  practicable  a  continuous  run  or  straight  run  stair- 
irai/  shall  be  built. 

3.  All   openings   leading   thereto   shall   have   an  unobstructed 
width  of  at  least  two  feet  and  an  unobstructed  height  of  at  least 
six  feet.     Such  openings  shall  extend  to  the  floor  level  or  within 
six  inches  thereof,  and  shall  be  not  more  than  seven  inches  above 
the  floor  of  the  fire-escape  balcony  and  shall  have  metal  frames 
or  frames  covered  ivith  metal  and  be  provided  with  doors  con- 
structed  of  fireproof  material  with  wired  glass  where  glass  is 
used,  except  in  buildings  five  stories  or  under  in  height  erected 
prior  to  October  first  nineteen  hundred  and  thirteen,  in  which 
case  the  provisions  of  subdivisions  five  and  six  of  section  one  hun- 
dred and  ninety-four  with  reference  to  sills  leading  to  fire-escapes 
nnd  openings  leading  to  fire-escapes  shall  apply. 

4.  All  windows  opening  upon  the  course  of  the  fire-escape  shall 
be  fireproof  windows. 

5:  On  every  floor  above  the  first  there  shall  be  a  balcony  firmly 
fastened  to  the  building  and  embracing  one  or  more  easily  acces- 
sible and  unobstructed  openings.  The  balconies  shall  have  an 
unobstructed  width  of  at  least  four  feet  throughout  their  \viigth 
and  shall  have  a  landing  not  less  than  twenty-four  inches  square  at 
the  head  of  every  stairway.  There  shall  be  a  passageway  between 
the  stairway  opening  and  the  side  of  the  building  at  least  eighteen 


526         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

inches  wide  throughout  except  where  the  stairways  reach  and 
leave  the  balconies  at  the  ends  or  where  double  run  stairways  are 
used.  The  stairway  opening  of  the  balconies  shall  be  of  a  size 
sufficient  to  provide  clear  headway  and  shall  be  guarded  on  the 
long  side  by  an  iron  railing  not  less  than  three  feet  in  height. 
Each  balcony  shall  be  surrounded  by  an  iron  railing  not  less  than 
three  feet  in  height  properly  braced. 

6.  The  balconies  shall  be  connected  by  stairways  not  less  than 
twenty-two  inches  wide  placed  at  an  incline  of  not  more  than 
forty-five  degrees,  with  steps  of  not  less  than  eight-inch  tread  and 
not  over  eight-inch  rise  and  provided  with  a  handrail  not  less  than 
three  feet  above  the  treads.     The  treads  of  such  stairways  shall 
be  so  constructed  as  to  sustain  a  live  load  of  four  hundred  pounds 
per  step  with  a  factor  of  safety  of  four. 

7.  There  shall  be  a  similar  stairway  from  the  top  floor  balcony 
to  the  roof,  except  where  the  fire-escape  is  erected  on  the  front 
of  the  building. 

8.  A  similar  stairway  shall  also  be  provided  from  the  lowest 
balcony  to  a  safe  landing  place  beneath,  which  stairway  shall 
remain  down  permanently  or  be  arranged  to  swing  up  and  down 
automatically  by  counterbalancing  weights. 

9.  When  not  erected  on  the  front  of  the  building,  safe  and  un- 
obstructed egress  shall  be  provided  from  the  foot  of  the  fire-escape 
by  means  of  an  open  court  or  courts  or  a  fireproof  passageway 
having  an  unobstructed  width  of  at  least  three  feet  throughout 
leading  to  the  street,  or  by  means  of  an  open  area  having  com- 
munication with  the  streetj^'^.     Such  fireproof  passageway  shall 
be  adequately   lighted  at  all  times  and  the   lights  shall   be  so 
arranged  as  to  insure  their  reliable  operation  when  through  acci- 
dent or  other  cause  the  regular  factory  lighting  is  extinguished. 

§  194'  Fire-escapes  erected  before  October  first,  nineteen  hun- 
dred and  thirteen.  The  industrial  board  may  in  its  discretion 
adopt  requirements  as  to  outside  fire-escapes  erected  before  Oc- 
tober first,  nineteen  hundred  and  thirteen,  and  not  serving  as  re- 
quired exits. 

All  outside  fire-escapes  erected  before  October  first,  nineteen 
hundred  and  thirteen,  and  serving  as  required  exits  under  the 
provisions  of  section  one  hundred  and  ninety-one  shall  conform, 
to  the  following  requirements: 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         527 

1.  There  shall  be  balconies  on  each  floor  of  the  building  con- 
nected with  stairways  placed  at  an  [angle]  incline  of  not  more 
than  sixty  degrees. 

2.  A  stairway  shall  lead  from  the  top  floor  balcony  to  the  roof, 
except  when  the  fire-escapes  are  erected  on  the  front    of   the 
building. 

3.  A  stairway  not  less  than  twenty-two  inches  wide  shall  lead 
from  the  lowest  balcony  to  a  safe  landing  place  beneath,  which 
stairway  shall  remain  down  permanently  or  swing  up  and  down 
by  counterbalancing  weights. 

4.  A  safe  and  unobstructed  exit  shall  be  provided  to  the  street 
from  the  foot  of  such  fire-escapes  as  required  in  subdivision  nine 
of  section  one  hundred  and  ninety-three. 

5.  Steps  shall  connect  the  sill  of  every  opening  leading  to  the 
fire-escapes  with  the  floor  wherever  such  sill  is  more  than  three 
feet  above  the  floor  level. 

6.  All  openings  leading  to  the  fire-escapes  shall  be  provided  with 
windows  having  metal  frames  and  sash  or  frames  and  sash  covered 
with  metal  ymd  with  wired  glass  where  glass  is  used,  or  with  doors 
constructed  of  fireproof  material  with  wired  glass  where  glass  is 
used. 

7.  All  windows  opening  upon  the  course  of  the  fire-escape,  shall 
be  fireproof  windows. 

8.  The    balconies   and    stairway    openings    shall    be    properly 
guarded  by  iron  railings. 

§  195.  Special  laws  and  local  ordinances.  The  requirements 
of  sections  one  hundred  and  ninety  to  one  hundred  and  ninety-four 
inclusive,  are  not  in  substitution  for  the  requirements  of  any 
general  or  special  law  or  local  ordinance  relating  to  the  construc- 
tion, equipment  or  maintenance  of  buildings,  but  the  provisions 
of  such  general  and  special  laws  and  local  ordinances  shall  be 
observed  as  well  as  the  provisions  of  said  sections.  The  provisions 
of  sections  one  hundred  and  ninety  to  one  hundred  and  ninety- 
four  inclusive  shall  supersede  all  provisions  inconsistent  there- 
with in  any  special  law  or  local  ordinance,  and  any  provision  of 
law  or  ordinance  which  gives  power  to  any  officer  to  establish  re- 
quirements inconsistent  with  the  provisions  of  such  sections  or 
the  rules  nd  opted  by  the  industrial  board  under  the  provisions 
of  this  chapter. 


528         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW* 

§  [79-d.]./P<5.  [Effect  of  foregoing  provisions;  ij/nspection  of 
buildings  and  approval  of  plans.  [1.  Effect  of  foregoing  pro- 
visions. The  requirements  of  sections  seventy-nine-a,  seventy- 
nine-b  and  seventy-nine-c  are  not  in  substitution  for  the  require- 
ments of  any  general  or  special  law  or  local  ordinance  relating  to 
the  construction,  equipment  or  maintenance  of  buildings,  but  the 
provisions  of  such  general  and  special  laws  and  local  ordinances 
shall  be  observed  as  well  as  the  provisions  of  said  sections.  The 
provisions  of  sections  seventy-nine-a,  seventy-nine-b  and  seventy- 
nine-c  shall  supersede  all  provisions  inconsistent  therewith  in  any 
special  law  or  local  ordinance,  and  any  provision  of  law  or  ordi- 
nance which  gives  power  to  any  officer  to  establish  requirements 
inconsistent  with  the  provisions  of  such  sections  or  the  rules  and 
regulations  adopted  by  the  industrial  board  under  the  provisions 
of  this  article.] 

[2]i.  Inspection  of  buildings.  The  officer  of  any  city,  village  or 
town  having  power  to  inspect  buildings  therein  for  the  purpose  of 
determining  their  conformity  to  the  requirements  of  law  or  ordi- 
nance governing  the  construction  thereof,  shall,  whenever  re- 
quested by  the  commissioner  [of  labor],  inspect  any  factory 
building  therein  and  certify  to  the  commissioner  [of  labor]  in  de- 
tail whether  or  not  such  building  conforms  to  the  requirements  of 
this  chapter  and  the  rules  [and  regulations]  of  the  industrial 
board,  and  such  certificate  shall  be  filed  in  the  office  of  the  com- 
missioner [of  labor]  and  shall  be  presumptive  evidence  of  the 
truth  of  the  matters  therein  stated. 

[3]#.  Approval  of  plans.  Before  construction  or  alteration  of 
a  building  in  which  it  is  intended  to  conduct  one  or  more  factories, 
the  plans  and  specifications  for  such  construction  or  alteration  may 
be  submitted  to  the  commissioner  [of  labor]  and  filed  in  his  office 
in  such  form  and  with  such  information  as  may  be  required  by 
him  or  by  the  rules  [and  regulations]  of  the  industrial  board,  and 
if  such  plans  and  specifications  comply  with  the  requirements  of 
this  chapter  and  the  rules  [and  regulations]  of  the  industrial 
board,  he  shall  issue  his  certificate  approving  the  same,  which  cer- 
tificate shall  bear  the  date  when  issued.  Whenever  any  certificate 
shall  be  issued  by  the  commissioner  [of  labor]  under  this  section 
the  particulars  of  such  certificate  shall  be  recorded  and  indexed  in 
the  records  of  his  office.  Before  issuing  any  such  certificate  the 
commissioner  [of  labor]  may  request  the  officer  of  the  city,  vil- 
lage or  town  in  which  such  building  is  located  having  power  to 


PROPOSED  EECODIFICATION  OF  THE  LABOR  LAW.         529 

examine  and  pass  upon  plans  for  construction  of  buildings  with 
"ci'erence  to  their  conformity  to  the  requirements  of  law  or  ordi- 
nance governing  the  construction  thereof,  to  examine  such  plans 
and  specifications  and  to  certify  to  the  commissioner  [of  labor] 
whether  or  not  such  plans  and  specifications  conform  to  the  re- 
quirements of  this  chapter  and  the  rules  [and  regulations]  of  the 
industrial  board [,  and  s].  $uch  officer  shall  thereupon  make  such 
examination  and  so  certify  in  detail  to  the  commissioner  [of  labor 
and  s].  Such  certificate  shall  be  filed  in  the  office  of  the  com- 
missioner [of  labor]  and  shall  be  presumptive  evidence  of  the 
truth  of  the  matters  therein  stated. 

[4]-5.  Certificate  of  compliance.  After  such  construction  or 
alteration  shall  be  completed,  the  commissioner  [of  labor]  shall, 
when  requested  by  the  owner  or  person  filing  such  plans,  ascertain 
by  inspection  or  in  the  manner  provided  in  subdivision  [two]  one 
of  this  section,  whether  such  building  conforms  to  the  requirements 
of  this  chapter  and  the  rules  [and  regulations]  of  the  industrial 
board ;  and  if  he  finds  that  it  does  conform  thereto,  shall  issue  his 
certificate  to  that  effect  [,  which].  Such  certificate  shall  bear  the 
date  when  issued. 

§  [79-e.]j?97.  Limitation  of  number  of  occupants.  The  num- 
ber of  persons  [who  may  occupy  any  factory  building  or  portion 
thereof  above  the  ground  floor  shall  be  limited  to  such  a  number 
as  can  safely  escape  from  such  building  by  the  means  of  exit  pro- 
vided in  the  building. 

1.  In  buildings  hereafter  erected  no  more  than  fourteen  per- 
sons shall  be  employed  or  permitted  or  suffered  to  work  on  any 
one  floor  for  every  full  twenty-two  inches  in  width  of  stairway  con- 
forming to  the  requirements  for  a  required  means  of  exit  except 
as  to  extension  to  the  roof,  provided  for  such  floor.  Xo  allow- 
ance shall  be  made  for  any  excess  in  width  of  less  than  twenty- 
two  inches.]  employed  in  a  factory  building  on  any  floor  above 
ike  ground  floor  shall  not  exceed  the  following: 

1.  In  any  building  erected  after  October  first,  nineteen  hundred 
and  thirteen,  fourteen  persons  for  every  twenty-two  inches  in  width 
of  stairway  provided  for  such  floor  and  conforming  to  the  require- 
ments for  required  exits,  except  as  to  extension  to  the  roof.  No 
allowance  shall  be  made  for  any  excess  in  width  of  less  than 
twenty-two  inches. 


530         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

2.  In  any  building[s  heretofore]  erected  [no  more  than]  'be- 
fore October  first,  nineteen  hundred  and  thirteen,  fourteen  per- 
sons, [shall  be  employed  or  permitted  or  suffered  to  work  on  any 
one  floo<r]  for  every  eighteen  inches  in  width  of  stairway  provided 
for  such  floor  and  conforming  to  the  requirements  for  [a]  re- 
quired [means  of]1  exits  except  as  to  extension  to  the  roof  [and 
f].  For    any    excess    in    width    of    less    than    eighteen    inches, 
a   proportionate   increase   in   the  number  of   O'ccupants   shall   be 
allowed.     //  any  stainvay  lias  steps  of  the  type  known  as  "  wind- 
ers" a  deduction  of  ten  per  centum  shall  be  made  in  counting  tht 
capacity  of  such  stairway.     Where  the  industrial  board  [shall] 
finds  that  the  safety  of  the  occupants  of  any  such  building  will 
not  be  endangered  thereby,  it  may  allow  an  increase  in  the  num- 
ber of  occupants  of  any  floor  in  such  building  to  a  number  not 
greater  than  at  the  rate  of  twenty  persons  for  every  eighteen  inches 
in  width  of  such  stairway  provided  for  such  floor,  with  a  propor- 
tionate increase  in  the  number  of  occupants  for  any  excess  in 
width  of  less  than  eighteen  inches. 

3.  [In  any  building  for  every  additional  sixteen  inches  over 
ten  feet  in  height  between  two  floors,  one  additional  person  may 
be  employed  on  the  upper  of  such  floors  for  every  eighteen  inches 
ill  width  of  stairway  leading  therefrom  to  the  lower  of  such  floors 
in  buildings  heretofore  erected,   and  one  for  every  twenty- two 
inches  in  width  of  such  stairway  in  buildings  hereafter  erected, 
provided  that  such  stairways  conform  to  the  requirements  for  re- 
quired means  of  exit  except  as  to  extension  to  the  roof. 

4.  In  any  building,  if  any  stairway  has  steps  of  the  type  known 
as  "  winders,"  a  deduction  of  ten  per  centum  shall  be  made  in 
counting  the  capacity  of  such  stairway.]     On  any  floor  which  is 
more  than  ten  feet  from  the  one  immediately  beneath,  the  number 
ff  fourteen  "  allowed  in  subdivisions  one  and  two  may  be  increased 
by  one  person  for  every  sixteen  inches  over  ben  feet  between  the 
two  floors. 

4.  The  number  of  persons  employed  on  any  floor  under  sub- 
divisions one,  two  and  three  may  be  increased  fifty  per  centum 
where  there  is  maintained  throughout  the  building  an  automatic 
sprinkler  system  conforming  to  the  requirements  of  section  two 
hundred  and  to  the  rules  of  the  industrial  board. 

5.  '[In  any  building  where  the  stairways  and  stairhalls  are  en- 
closed in  fireproof  partitions  or  where,  at  the  time  this  act  takes 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         531 

effect,  the  stairways  and  stairhalls  are  enclosed  in  partitions  of 
I  trick,  concrete,  terra-cotta  blocks  or  reinforced  concrete  con- 
structed in  a  manner  heretofore  approved  by  the  superintendent 
of  buildings  of  the  city  of  New  York  having  jurisdiction  if  in 
such  city,  or  elsewhere  in  the  state,  in  a  manner  conforming  to 
the  rules  and  regulations  to  be  adopted  by  the  industrial  board 
under  the  provisions  of  subdivision  two  of  section  seventy-nine-b, 
all  openings  in  which  enclosing  partitions  are  or  shall  hereafter  be 
provided  with  fireproof  doors,  in  either  of  such  cases  so  many  addi- 
tional  persons  may  be  employed  on  any  floor  as  can  occupy  the 
enclosed  stairhall  or  halls  on  that  floor,  allowing  five  square  feet 
of  unobstructed  floor  space  per  person.]  In  any  'building  where 
the  stairways  and  stairhalls  are  enclosed  by  partitions  as  required 
in  this  subdivision,  so  many  persons  may  be  employed  on  any 
floor  in  addition  to  the  number  allowed  in  subdivisions  one,  two 
and  three,  as  can  occupy  the  enclosed  stairhalls  on  that  floor, 
allowing  five  square  feet  of  unobstructed  floor  space  per  person. 

The  stairways  and  stairhalls  shall  be  enclosed  by  fireproof  par- 
titions or  if  the  partitions  have  been  constructed  before  October 
first,  nineteen  hundred  and  thirteen,  they  shall  be  built  as  follows: 

a.  Of  brick,  concrete,  terra-cotta  blocks  or  reinforced  concrete. 

b.  All  openings  therein  provided  with  fire  doors. 

e.  If  in  the  city  of  New  York,  in  a  manner  approved  before 
October  first,  nineteen  hundred  and  thirteen,  by  the  superintend- 
ent of  buildings  having  jurisdiction. 

d.  If  elsewhere,  in  a  manner  conforming  to  rules  adopted  by 
the  industrial  board  under  subdivision  two  of  section  one  hundred 
and  ninety-one. 

6.  [In  any  building  where]  On  any  -floor  at  which  a  horizontal 
exit  is  provided  [on  any  floor  such  number  of]  so  many  persons 
may  be  employed  [on  such  floor]  as  can  occupy  the  smaller  of 
the  [two]  spaces  [on  such  floor]  on  either  side  of  the  |[fireproof 
partitions  or]  fire  wall[s],  or  as  can  occupy  the  floor  of  an  [ad- 
joining or  near-by]  adjacent  building  which  is  connected  with 
such  floor  by  openings  in  the  wall  or  walls  between  the  buildings 
or  by  exterior  balconies  or  bridges,  in  addition  to  the  occupants  of 
such  connected  floor  in  such  [adjoining  or  near-by]  adjacent 
building,  allowing  five  square  feet  of  unobstructed  floor  space  per 
person  in  either  case,  [provided  that  the  partitions  or  walls  or 
balconies  through  which  the  horizontal  exit  is  provided  to  such 
other  portion  of  the  same  building  or  to  such  adjoining  or  near-by 


532         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

building  shall  have  doorways  of  sufficient]  The  openings  con- 
stituting suck  exits,  or  if  such  exits  are  balconies  or  bridges  the 
openings  leading  thereto.,  shall  be  of  sufficient  aggregate  width 
to  allow  eighteen  inches  in  width  of  openings  for  each  fifty  per- 
sons or  fraction  thereof  [so  permitted  to  be]  employed  on  such 
floor  in  the  case  of  horizontal  exits  [heretofore]  constructed  before 
October  first,,  nineteen  hundred  and  thirteen,  and  twenty- two 
inches  in  the  case  of  horizontal  exits  [hereafter]  constructed  after 
that  date. 

7.  In  any  fireproof  building  [heretofore]  erected  before  October 
first,,  nineteen  hundred  and  thirteen,  [of  fireproof  construction,] 
where  any  floor  is  subdivided  by  a  partition[s  of  brick,  terra 
cotta  or  concrete  and  not  less  than  four  inches  thick  extending  con- 
tinuously from  the  firep roofing  of  the  floor  to  the  underside  of  the 
fireproofing  of  the  floor  above,  with  all  openings  protected  by  fire- 
proof doors  not  less  than  forty-four  inches  nor  more  than  sixty-six 
inches  in  width,  and  in  which]  conforming  to  the  requirements  of 
this  subdivision  and  all  the  windows  on  such  floor  and  on  the  two 
floors  [directly  underneath]  immediately  beneath  are  fireproof 
[windows,  such  number  of]  so  many  persons  may  be  employed 
on  such  floor  as  can  occupy  the  smaller  of  the  [two]  spaces  on 
either  side  of  such  partition[s],  allowing  five  square  feet  of  un- 
obstructed floor  space  per  person, [,  provided  there  shall  be  on  each 
side  of  said  partitions  at  least  one  stairway  conforming  to  the. 
requirements  for  a  required  means  of  exit;  and  provided  further 
that  such  partitions  have  doorways  of  sufficient  width  to  allow 
eighteen  inches  in  width  of  openings  for  each  fifty  persons  or  frac- 
tion thereof  so  permitted  to  occupy  such  floor,  and  that  such 
doorways  shall  be  kept  unlocked  and  unobstructed  during  work- 
ing hours.]  The  provisions  of  this  subdivision  shall  apply  to 
any  fireproof  building  [heretofore]  erected  'before  October  first, 
nineteen  hundred  and  thirteen,  which  may  hereafter  be  made  to 
conform  to  the  requirements  of  this  [section.]  subdivision. 

The  partition  shall  be  of  brick,  terra  cotta  or  concrete  not  less 
than  four  inches  thick  extending  continuously  from  the  -fireproof- 
ing  of  the  floor  to  the  underside  of  the  fireproofing  of  the  floor 
above.  All  openings  in  the  partition  shall  be  protected  by  fire 
doors  not  less  thun  thirty-six  inches  nor  more  than  sixty-six  inches 
in  width,  which  shall  be  kept  unlocked  and  unobstructed  during 
working  hours.  On  each  side  of  the  partition  there  shall  be  at 
least  one  stairway  conforming  to  the  requirements  for  required 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         533 

exits.  The  partition  shall  have  doorways  of  sufficient  aggregate 
n:idlk  to  allow  eighteen  inches  in  width  of  openings  for  each  fifty 
j.rrwtns  or  fraction  thereof  employed  on  such  floor. 

[8.  In  any  building  the  number  of  persons  permitted  to  be 
employed  on  any  one  floor  under  the  provisions  of  subdivisions 
one,  two  and  three  of  this  section  may  be  increased  fifty  per 
centum  where  there  is  constructed,  installed  and  maintained 
throughout  the  building  an  automatic  sprinkler  system  conform- 
ing to  the  requirements  of  section  eighty-three-b  of  this  chapter 
and  to  the  rules  and  regulations  of  the  industrial  board.] 

8.  [9.]  In  any  building,  the  number  of  persons  who  may  be 
employed  on  any  [one]  floor  shall  in  no  event  exceed  such  number 
as  can  occupy  such  floor,  allowing  thirty-six  square  feet  of  floor 
space  per  person  [if  the]  in  a  non-fireproof  building  [is  not  of 
fireproof  construction,]  and  thirty-two  square  feet  of  floor  space 
per  person  [if  the]  in  a  fireproof  building,   [is  of  fireproof  con- 
struction.] 

9.  [10.]  Where  one  floor  is  occupied  by  more  than  one  tenant, 
the  industrial  board  shall  [have  power  to]  make  rules  [and  regu- 
lations] prescribing  how  many  of  the  persons  allowed  to  occupy 
such  floor  under  the  provisions  of  this  section,  may  occupy  the 
space  of  each  tenant. 

10.  [11.  Posting.]  In  every  factory  building  two  stories  or 
over  in  height,   the  commissioner  [of  labor]   shall  cause  to  be 
j  msted  in  a  conspicuous  place  in  every  stairhall  and  workroom, 
notices  specifying  the  number  of  persons  that  may  occupy  each 
floor    thereof    in    accordance    with    the   provisions    of    this    sec- 
tion.    [Every  such  notice  shall  be  posted  in  a  conspicuous  place 
in  every  stairhall  and  workroom.]    If  any  [one]  floor  is  occupied 
by  more  than  one  tenant,  such  notices  shall  be  posted  in  the  space 
occupied  by  each  tenant,  and  shall  state  the  number  of  persons 
that  may  occupy  such  space.     Every  [such]  notice  shall  bear  the 
date  when  posted.    Such  notices  shall  not  be  removed  without  per- 
mission of  the  department. 

§  198.  [83-a.]  Fire  alarm  signal  systems,  [and  fire  drills.  1.] 
Every  factory  building  over  two  stories  in  height  in  which  more 
than  twenty-five  persons  are  employed  above  the  ground  floor  shall 
be  equipped  with  a  fire  alarm  signal  system  with  a  sufficient  num- 
ber of  signals  clearly  audible  to  all  occupants  thereof.  [The  indus- 
trial board  may  make  rules  and  regulations  prescribing  the  number 


534         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

and  location  of  such  signals.]  Such  system  shall  be  installed  and 
maintained  in  good  working  order  [by  the  owner  or  lessee  of 
the  building  and]  It  shall  permit  the  sounding  of  all  the  alarms 
within  the  building  whenever  the  alarm  is  sounded  in  any  portion 
thereof.  [Such  system  shall  be  maintained  in  good  working  order.] 
No  person  shall  tamper  with,  or  render  ineffective  any  portion  of 
[said]  the  system  except  to  repair  [the  same]  it.  It  shall  be  the 
duty  of  whoever  discovers  a  fire  to  cause  an  alarm  to  be  sounded 
immediately.  In  the  city  of  New  York  the  fire  commissioner  of 
such  city,  and  elsewhere,  the  state  fire  marshal  shall  enforce  this 
section. 

[2.  In  every  factory  building  over  two  stories  in  height  in 
which  more  than  twenty-five  persons  are  employed  above  the 
ground  floor,  a  fire  drill  which  will  conduct  all  the  occupants  of 
such  building  to  a  place  of  safety  and  in  which  all  the  occupants 
of  such  building  shall  participate  simultaneously  shall  be  con- 
ducted at  least  once  a  month. 

In  the  city  of  New  York"  the  fire  commissioner  of  such  city, 
and  in  all  other  parts  of  the  state,  the  state  fire  marshal  shall 
cause  to  be  organized  and  shall  supervise  and  regulate  such  fire 
drills,  and  shall  make  rules,  regulations  and  special  orders  neces- 
sary or  suitable  to  each  situation  and  in  the  case  of  buildings 
containing  more  than  one  tenant,  necessary  or  suitable  to  the 
adequate  co-operation  of  all  the  tenants  of  such  building  in  a 
fire  drill  of  all  the  occupants  thereof.  Such  rules,  regulations 
and  orders  may  prescribe  upon  whom  shall  rest  the  duty  of 
carrying  out  the  same.  Such  special  orders  may  require  posting 
of  the  same  or  an  abstract  thereof.  A  demonstration  of  such 
fire  drill  shall  be  given  upon  the  request  of  an  authorized  repre- 
sentative of  the  fire  department  of  the  city,  village  or  town  in 
which  the  factory  is  located,  and,  except  in  the  city  of  New  York, 
upon  the  request  of  the  state  fire  marshal  or  any  of  his  deputies 
or  assistants. 

3.  In  the  city  of  New  York  the  fire  commissioner  of  such  city, 
and  elsewhere,  the  state  fire  marshal  is  charged  with  the  duty  of 
enforcing  this  section.] 

§  1 99.  Fire  drills.  In  every  factory  building  over  two  stories 
in  height  in  which  more  than  twenty-five  persons  are  employed 
above  the  ground  floor,  a  fire  drill  which  will  conduct  all  the  occu- 
pants of  such  building  to  a  place  of  safety  and  in  which  all  the 


PROPOSED  RECODiPiCATitfrt  OF  THE  LABOR  LAW.         535 


occupants  of  such  building  shall  participate  simultaneously  shall 
be  conducted  at  least  once  a  month. 

In  the  city  of  New  York  the  fire  commissioner  of  such  city, 
and  elsewhere  the  state  fire  marshal  shall  enforce  this  section 
and  shall  cause  to  be  organized  and  shall  supervise  and  regulate 
such  fire  drills,  and  shall  make  rules,  regulations  and  special 
orders  necessary  or  suitable  to  each  situation  and  in  the  case  of 
buildings  containing  more  than  one  tenant,  necessary  or 
suitable  to  the  adequate  co-operation  of  all  the  tenants  of 
such  building  in  a  fire  drill  of  all  the  occupants  thereof.  Such 
rules,  regulations  and  orders  may  prescribe  upon  whom 
shall  rest  the  duty  of  carrying  out  the  same  and  may  require 
posting  of  the  same  or  an  abstract  thereof.  A  demonstration 
of  such  fire  drill  shall  be  given  upon  the  request  of  an  au- 
thorized representative  of  the  fire  department  of  the  city,  village 
or  town  in  which  the  factory  is  located,  and,  except  in  the  city 
of  New  York,  upon  the  request  of  the  state  fire  marshal  or  any 
of  his  deputies  or  assistants. 

§  [83-b.]£6>6>.  Automatic  sprinklers.  In  every  factory  building 
[over  seven  stories  or  over  ninety  feet  in  height]  in  which  wooden 
flooring  or  wooden  trim  is  used  and  more  than  two  hundred  people 
are  regularly  employed  above  the  seventh  floor  or  more  than 
ninety  feet  above  the  ground  level  of  [such]  the  building,  the 
owner  of  the  building  shall  install  and  maintain  an  automatic 
sprinkler  system  approved  as  to  form  and  manner  of  construction 
and  installation  in  the  city  of  New  York  by  the  fire  commissioner 
of  such  city,  and  elsewhere  by  the  state  fire  marshal.  Such  in- 
stallation shall  be  made  within  one  year  after  [this  section  takes 
effect]  April  sixteenth,  nineteen  hundred  and  twelve,  but  the  fire 
commissioner  of  the  city  of  New  York  in  such  city,  and  the  state 
fire  marshal  elsewhere  may,  for  good  cause  shown,  extend  such 
time  for  an  additional  year.  [A  failure  to  comply  with  this  sec- 
tion shall  be  a  misdemeanor  as  provided  by  section  twelve  hun- 
dred and  seventy-five  of  the  penal  law,  and  tJITie  provisions 
hereof  shall  [also]  be  enforced  in  the  city  of  New  York  by  the 
fire  commissioner  of  such  city  [in  the  manner  provided  by  the  title 
three  of  chapter  fifteen  of  the  Greater  New  York  charter]  and 
elsewhere  by  the  state  fire  marshal  [in  the  manner  provided  by 
article  ten-a  of  the  insurance  law]. 


536         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

§  [S3-c.]£0i.  Fireproof  receptacles^ ;  gas  jets;  smoking]. 
[1.]  Every  factory  shall  be  provided  with  properly  covered  fire- 
proof receptacles,  the  number,  style  and  location  of  which  shall  be 
approved  in  the  city  of  New  York  by  the  fire  commissioner,  and 
elsewhere,  by  the  commissioner  of  labor.  There  shall  be  de- 
posited in  such  receptacles  all  inflammable  waste  materials,  cut- 
tings and  rubbish.  No  waste  materials,  cuttings  or  rubbish  shall 
be  permitted  to  accumulate  on  the  floors  of  any  factory  but  shall 
be  removed  therefrom  not  less  than  twice  each  day.  All  [such] 
waste  materials,  cuttings  [or]  and  rubbish  shall  be  entirely  re- 
moved from  a  factory  building  at  least  once  in  each  day,  except 
that  baled  waste  material  may  be  stored  in  fireproof  enclosures, 
[provided  that  a]J.ll  such  baled  waste  material  shall  be  removed 
from  such  building  at  least  once  in  each  month. 

[2.  All  gas  jets  or  lights  in  factories  shall  be  properly  enclosed 
by  globes,  wire  cages  or  otherwise  properly  protected  in  the  man- 
ner approved  in  the  city  of  New  York  by  the  fire  commissioner  of 
such  city,  and  elsewhere,  by  the  commissioner  of  labor. 

3.  No  person  shall  smoke  in  any  factory.  A  notice  of  such 
prohibition  stating  the  penalty  for  violation  thereof  shall  be  posted 
in  every  entrance  hall  and  every  elevator  car,  and  in  every  stair- 
hall  and  room  on  every  floor  of  such  factory  in  English  and  also 
in  such  other  language  or  languages  as  the  fire  commissioner  of 
the  city  of  New  York  in  such  city,  and  elsewhere,  the  state  fire 
marshal,  shall  direct.  The  fire  commissioner  of  the  city  of  New 
York  in  such  city,  and  elsewhere,  the  state  fire  marshal  shall  en- 
force the  provisions  of  this  subdivision.] 

§  80$,  Gas  jets.  All  gas  jets  or  other  lights  in  factories  shall 
be  properly  enclosed  by  globes,  or  wire  cages  or  shall  be  otherwise 
properly  protected  in  a  manner  approved  in  the  city  of  New  York 
by  the  fire  commissioner  of  such  city,  and  elsewhere,  by  the  com- 
missioner of  labor. 

§  203.  Smoking.  No  person  shall  smoke  in  any  factory.  A 
notice  of  such  prohibition  stating  the  penalty  for  violation  thereof 
shall  be  kept  posted  in  every  entrance  hall,  elevator  car,  stair-hall 
and  room  of  a  factory  in  English  and  also  in  such  other  language  as 
the  fire  commissioner  of  the  city  of  New  York  in  such  city,  and 
elsewhere,  the  state  fire  marshal,  shall  direct.  The  fire  commis- 
sioner of  the  city  of  New  York  in  such  city,  and  elsewhere,  the 


PROPOSED  RECOPIFICATION  OF  THE  LABOK  LAW.          537 

fire  marshal  shall  enforce  tins  section.  Such  notices  shall 
be  furnished  by  the  officer  charged  with  the  enforcement  of  this 
section. 

TITLE   III.  SANITATION. 


.  Cleanliness  of  factory  rooms.  Every  room  in  a  fac- 
tory [and]  including  the  floor[s],  walls,  ceiling[s],  windows  and 
every  other  part  thereof  and  all  fixtures  therein  shall  at  all  times 
be  kept  in  a  clean  and  sanitary  condition.  The  walls  and  ceil- 
ing^] of  [each]  such  room  [in  a  factory]  shall  he  kept  properly 
lime  washed  or  painted,  except  when  properly  tiled  or  covered 
with  slate  or  marhle  with  a  finished  surface.  [Such  lime  wash 
or  paint  shall  be  renewed  whenever  necessary  as  may  he  required 
by  the  commissioner  of  labor.]  Floors  in  a  factory  shall,  at  all 
times,  he  maintained  in  a  safe  condition.  No  person  shall  [spit 
or]  expectorate  upon  the  walls,  floors  or  stairs  of  any  factory 
building,  [used  in  whole  or  in  part  for  factory  purposes.]  Sani- 
tary cuspidors  shall  be  provided,  in  every  workroom  in  a  factory 
in  sufficient  numbers.  Such  cuspidors  shall  be  thoroughly  cleaned 
daily.  Suitable  receptacles  shall  he  provided  and  used  for  the 
storage  of  waste  and  refuse[;  s].  $uch  receptacles  shall  be  main- 
tained D]  a  sanitar  condition. 


§  [S4-a.]277.  Cleanliness  of  factory  buildings.  Every  part  of 
a  factory  building  and  of  the  premises  thereof  and  the  yards, 
courts,  passages,  areas  or  alleys  connected  with  or  belonging  to  the 
same,  shall  be  kept  [clean,  and  shall  be  kept]  free  from  any 
accumulation  of  dirt,  filth,  rubbish  or  garbage  [in  or  on  the 
same].  The  roof,  passages,  stairs,  halls,  basements,  cellars,  privies, 
water-closets,  [cesspools,  drains]  and  all  other  parts  of  such 
l)ii  il  ding  and  the  premises  thereof  shall  at  all  times  be  kept  in  a 
clean,  sanitary  and  safe  condition.  The  entire  building  and 
premises  shall  be  well  drained  and  the  plumbing,  cesspools  and 
drains  thereof  at  all  times  kept  in  proper  repair  and  in  a  [clean 
and]  sanitary  condition. 

§  212.  Drinking  water.  In  every  factory  there  shall  be  pro- 
vided at  all  times  for  the  use  of  employees,  a  sufficient  supply  of 
clean  and  pure  drinking  water.  Such  water  shall  be  supplied 
through  proper  pipe  connections  with  water  mains  through  which 
is  conveyed  the  water  used  for  domestic  purposes,  or,  from  a 
spring  or  well  or  body  of  pure  water.  If  such  drinking  water 


538         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

be  placed  in  receptacles  in  the  factory,  such  receptacles  shall  be 
properly  covered  to  prevent  contamination  and  shall  be  thoroughly 
cleaned  at  frequent  intervals. 

§  [8  8]&/  3.  [Drinking  water,]  Washrooms,  [and  dressing 
rooms.  1.  In  every  factory  there  shall  be  provided  at  all  times  for 
the  use  of  employees,  a  sufficient  supply  of  clean  and  pure  drink- 
ing water.  Such  water  shall  be  supplied  through  proper  pipe 
connections  with  water  mains  through  which  is  conveyed  the  Avut<^ 
used  for  domestic  purposes,  or,  from  a  spring  or  well  or  body  of 
pure  water ;  if  such  drinking  water  be  placed  in  receptacles  in  the 
factory,  such  receptacles  shall  be  properly  covered  to  prevent  con- 
tamination and  shall  be  thoroughly  cleaned  at  frequent  intervals.] 

[2.]  In  every  factory  there  shall  be  provided  and  maintained 
for  the  use  of  employees  [suitable]  adequate  and  convenient 
washrooms  or  washing  -facilities;  [separate  for  each  sex,  ade- 
quately equipped  with]  such  washing  facilities  shall  consisting] 
of  sinks  or  stationary  basins  provided  with  running  water  or  with 
tanks  holding  an  adequate  supply  of  clean  water.  Wherever  re- 
quired by  the  industrial  board  such  washrooms  and  washing  facil- 
ities shall  be  separate  for  each  sex.  Every  washroom  shall  be  pro- 
vided [with  means  for  artificial  illumination  and]  with  adequate 
means  of  ventilation  and  heating  and  artificial  illumination.  [All 
washrooms  and  washing  facilities  shall  be  constructed,  lighted, 
heated,  ventilated,  arranged  and  maintained  according  to  rules  and 
regulations  adopted  with  reference  thereto  by  the  industrial 
board.]  In  all  factories  where  lead,  arsenic  or  other  poisonous 
substances  or  injurious  or  noxious  fumes,  dust  or  gases  are  present 
as  an  incident  or  result  of  the  business  or  processes  conducted  by 
such  factory  [there  shall  be  provided]  the  washing  facilities 
[which]  shall  include  hot  water  and  soap  and  individual  towels. 

[3.  Where  females  are  employed,  dressing  or  emergency  rocms 
shall  be  provided  for  their  use ;  each  such  room  shall  have  at  least 
one  window  opening  to  the  outer  air  and  shall  be  enclosed  by 
means  of  solid  partitions  or  walls.  In  every  factory  in  which 
more  than  ten  women  are  employed,  there  shall  be  provided  one 
or  more  separate  dressing  rooms  in  such  numbers  as  required  by 
the  rules  and  regulations  of  the  industrial  board  and  located  in 
such  place  or  places  as  required  by  such  rules  and  regulations, 
having  an  adequate  floor  space  in  proportion  to  the  number  of  em- 
ployees, to  be  fixed  by  the  rules  and  regulations  of  the  industrial 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         539 

board,  but  the  floor  space  of  every  such  dressing  room  shall  in  no 
event  be  less  than  sixty  square  feet;  each  dressing  room  shall  be 
separated  from  any  water  closet  compartment  by  adequate  parti- 
tions and  shall  be  provided  with  adequate  means  for  artificial 
illumination;  each  dressing  room  shall  be  provided  with  suitable 
means  for  hanging  clothes  and  with  a  suitable  number  of  seats. 
All  dressing  rooms  shall  be  enclosed  by  means  of  solid  partitions 
or  walls,  and  shall  be  constructed,  heated,  ventilated,  lighted  and 
maintained  in  accordance  with  such  rules  and  regulations  as  may 
be  adopted  by  the  industrial  board  with  reference  thereto.] 

§  214-  Dressing  rooms.  In  every  factory  where  females  are 
employed  a  sufficient  number  of  dressing  rooms  conveniently  lo- 
cated shall  be  provided  for  their  use.  Each  dressing  room  shall 
be  properly  ventilated  by  a  window  or  by  suitable  ducts  leading 
to  the  outer  air  and  shall  be  enclosed  by  partitions  or  walls.  Each 
dressing  room  shall  be  provided  with  adequate  means  for  artificial 
illumination,  suitable  means  for  hanging  clothes  and  a  suitable 
number  of  seats  and  shall  be  properly  heated  and  ventilated. 
Each  dressing  room  shall  be  separated  from  any  water  closet 
compartment  by  adequate  partitions.  Adequate  floor  space  shall 
be  provided  in  dressing  rooms  in  proportion  to  the  number  of  em- 
ployees. Where  more  than  ten  women  are  employed  the  dress- 
ing room  shall  have  a  floor  space  of  not  less  than  sixty  square  feet 
and  shall  have  at  least  one  window  opening  to  the  outer  air. 

§  [88-a.]#15.  Water  closets.  1.  |[In  every  factory  t]  There 
shall  be  provided  for  every  factory  a  sufficient  number  of  suitable 
and  convenient  water  closets  [separate  for  each  sex,  in  such  num- 
ber and  located  in  such  place  or  places  as  required  by  the  rules  and 
regulations  of  the  industrial  board].  All  water  closets  shall  be 
maintained  inside  the  factory  building  except  where,  in  the  opin- 
ion of  the  commissioner  [of  labor],  it  is  impracticable  to  do  so. 

2.  There  shall  be  separate  water  closet  compartments  or  toilet 
rooms  for  females,  to  be  used  by  them  exclusively,  and  notice  to 
that  effect  shall  be  clearly  marked  at  the  entrance  to  [painted  on 
the  outside  of]  such  compartments  or  rooms.  The  entrance 
to  every  water  closet  compartment  or  toilet  room  [used  by 
females]  shall  be  effectively  screened  by  a  partition  or  vestibule. 
Where  water  closets  for  males  and  females  are  in  adjoining  com- 
partments or  toilet  rooms,  there  shall  be  [solid  plastered  or  metal 
covered]  partitions  of  substantial  construction  between  the  com- 


540         PROPOSED  RECODIFICATION  OF  THE  LABOR  L 


AW. 


partments  or  rooms  extending  from  the  floor  to  the  ceiling  und 
such  partitions  shall  be  plastered  or  metal  covered  to  a  sufficient 
height,  [whenever  any  water  closet  compartments  open  directly 
into  the  workroom  exposing  the  interior,  they  shall  be  screened 
from  view  hy  a  partition  or  a  vestibule.]'  The  use  of  curtains 
for  screening  purposes  is  prohibited. 

3.  The  use  of  any  form  of  trough  water  closet,  latrine  or  school 
sink  within   any  factory  building  is  prohibited   except  fixtures 
installed  prior  to  July  first,,  nineteen  hundred  and  fourteen,  having 
a  common  flushing  system  and  approved  by  the  industrial  board 
in  its  rules.     All  such  trough  water  closets,  latrines  or  school 
sinks  shall,  before  the  first  of  October,  nineteen  hundred  and  four- 
teen, be  completely  removed  and  the  place  where  they  were  located 
properly  disinfected  under  the  direction  of  the  department  [of 
labor.     Such  appliances  shall  be  replaced  by  proper  individual 
water  closets,  placed  in  water  closet  compartments,  all  of  which 
shall  be  constructed  and  installed  in  accordance  with  rules  and 
regulations  to  be  adopted  by  the  industrial  board]. 

4.  Every  [existing]  water  closet  and  urinal  installed  before 
October  first,  nineteen  hundred   and   thirteen,  for  any  factory 
inside  any  factory  building  shall  have  a  basin  of  enameled  iron 
or  earthenware,  and  shall  be  flushed  from  a  separate  water-sup- 
plied cistern  or  through  a  [floushometer]  proper  valve  connected 
in  such  manner  as  to  keep  the  water  supply  of  the  factory  free 
from   contamination.      All  water  closet   compartments   or  toilet 
rooms   constructed  before   October  first,   nineteen  hundred  nnd 
thirteen,  shall  have  windows  or  suitable  ducts  leading  to  the  outer 
air.   - 

5.  All  woodwork  enclosing  water  closet  fixtures  shall  be  re- 
moved from  the  front  of  the  closet  and  the  space  underneath  the 
seat  shall  be  left  open.     [The  floor  or  other  surface  beneath  and 
around  the  closet  shall  be  maintained  in  good  order  and  repair 
and  all  the  woodwork  shall  be  kept  well  painted  with  a  light-color 
paint.]     All  '[existing]1  water  closet  compartments  shall  [have 
windows  leading  to  the  outer  air  and  shall]  be  [otherwise]  prop- 
erly ventilated  [in  accordance  with  rules  and  regulations  adopted 
for  that  purpose  by  the  industrial  board.     Such  compartments] 
and  shall  be  provided  with  adequate  means  for  artificial  illumina- 
tion, [and  the  enclosure  of  each  compartment  shall  be  kept  free 
from  all  obscene  writing  or  marking. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         541 

5.]  0.  All  water  closets,  urinals,  [and]  water  closet  compart- 
ments and  toilet  rooms  hereafter  installed  in  a  factory,  including 
those  provided  to  replace  existing  fixtures,  shall  be  properly  con- 
structed, installed,  ventilated,  lighted  and  maintained  in  accord- 
ance with  such  rules  [and  regulations]  as  may  be  adopted  by  the 
industrial  board. 

[6.]  7.  All  water  closet  compartments,  and  the  floors,  walls,  ceil- 
ings and  surface  thereof,  and  all  fixtures  therein,  and  all  water 
closets  and  urinals  shall  at  all  times  be  [kept  and]'  maintained  in 
a  clean  and  sanitary  condition.  The  floor  or  other  surface  beneath 
and  around  the  closet  shall  be  maintained  in  good  order  and  repair 
and  all  the  wood  work  shall  be  kept  well  painted  with  a  light-color 
paint.  The  enclosure  of  each  compartment  and  toilet  room  shall  be 
kept  free  from  obscene  writing  or  marking.  Where  the  water  sup- 
ply to  water  closets  or  urinals  is  liable  to  freeze,  the  water  closet 
compartment  shall  be  properly  heated  so  as  to  prevent  freezing,  or 
the  supply  and  flush  pipes,  cisterns  and  traps  and  valves  shall  be 
effectively  covered  with  wool  felt  or  hair  felt,  or  other  adequate 
covering. 

[7.  All  water  closets  shall  be  constructed,  lighted,  ventilated, 
arranged  and  maintained  according  to  rules  and  regulations 
adopted  with  reference  thereto  by  the  industrial  board.] 


§  [92.  ]#./£.  Laundries.  A  shop,  room  or  building  where  one  or 
more  persons  are  employed  in  doing  public  laundry  work  by  way 
of  trade  or  for  purposes  of  gain  is  a  factory  within  the  meaning 
of  this  chapter,  and  shall  be  subject  to  [the  visitation  and  inspec- 
tion of  the  commissioner  of  labor  and]  the  provisions  of  this  chap- 
ter in  the  same  manner  as  any  other  factory.  E"o  such  public 
laundry  work  shall  be  done  in  a  room  used  for  a  sleeping  or  living 
room.  All  such  laundries  shall  be  kept  in  a  clean  condition  and 
free  from  vermin  and  all  impurities  of  an  infectious  or  con- 
tagious nature.  This  section  shall  not  apply  to  any  female  engaged 
in  doing  custom  laundry  work  at  her  home  for  a  regular  family 
trade. 

§  [95.]#^7.  Unclean  factories.  If  the  commissioner  [of  labor] 
finds  evidence  of  contagious  disease  in  any  factory  he  shall  affix 
to  any  articles  therein  exposed  to  such  contagion  a  label  contain- 
ing the  word  "  unclean  "  and  shall  notify  the  local  board  of  health, 
who  may  disinfect  such  articles  and  thereupon  remove  such  label. 


542         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

If  the  commissioner  [of  labor]  finds  that  any  [workroom  or] 
factory  or  workroom  therein  is  foul,  unclean,  or  unsanitary,  he 
may,  after  first  making  and  filing  in  the  public  records  of  his 
office  a  written  order  stating  the  reasons  therefor,  affix  to  any  ar- 
ticles therein  found  a  label  containing  the  word  "  unclean. "  With 
the  exception  of  the  local  board  of  health,  [N]ra>  one  but  [the 
commissioner  of  labor]  an  authorized  representative  of  the  de- 
partment shall  remove  any  label  so  affixed ;  and  he  may  refuse  to 
remove  it  until  such  articles  [shall  have  been]  are  removed  from 
such  factory  and  cleaned,  or  until  such  room  [or  rooms  shall  have 
been]  is  cleaned  or  made  sanitary. 

§  [98.  Labor  camps.]#l£.  Living  quarters  for  factory  em- 
ployees. Every  employer  operating  a  factory,  and  furnishing  to  the 
employees  thereof  any  living  quarters  at  any  place  outside  the  fac- 
tory, either  directly  or  through  any  third  person  by  contract  or 
otherwise,  shall  maintain  such  living  quarters  [and  every  part 
thereof]  in  a  [thoroughly]'  sanitary  condition.  [The  industrial 
board  shall  have  power  to  make  rules  and  regulations  to  provide 
for  the  sanitation  of  such  living  quarters.  The  commissioner 
of  labor  may  enter  and  inspect  any  such  living  quarters.] 

§  [86.]#1 9.  Ventilation,  heat  and  humidity.  1.  [The  owner, 
agent  or  lessee  of  e]J?very  workroom  in  a  factory  shall  be  pro- 
vided with  [in  each  workroom  thereof]  proper  and  sufficient 
means  of  ventilation  by  natural  or  mechanical  means  or  both,  as 
may  be  necessary,  and  there  shall  be  maintained  therein  proper  and 
sufficient  ventilation  and  proper  degrees  of  temperature  and 
humidity  [in  every  workroom  thereof]  at  all  times  during  work- 
ing hours.  Iff  owing  to  the  nature  of  the  manufacturing  process 
carried  on  in  a  factory  workroom,  excessive  heat  be  created  therein, 
there  shall  be  provided,  maintained  and  operated  such  special 
means  or  appliances  as  may  be  required  to  reduce  such  excessive 
heat. 

2.  All  grinding,  polishing  or  buffing  wheels  used  in  the  course 
of  the  manufacture  of  articles  of  the  baser  metals  shall  be  equipped 
with  proper  hoods  and  pipes  and  such  pipes  shall  be  connected  to 
an  exhaust  fan  of  sufficient  capacity  and  power  to  remove  all 
matter  thrown  off  such  wheels  in  the  course  of  their  use.  Such 
fan  shall  be  Icept  running  constantly  while  such  grinding,  polish- 
ing or  buffing  wheels  are  in  operation.  In  case  of  wet-grinding 
it  is  unnecessary  to  comply  with  this  subdivision  unless  required 


PKOPOSED  E-ECODIFICATION  OF  THE  LABOR  LAW.         r>4-°> 

by  ike  rules  of  the  industrial  board.  All  machinery  creating  dust 
or  impurities  shall  be  equipped  with  proper  hoods  and  pipes  and 
such  pipes  shall  be  connected  to  an  exhaust  fan  of  sufficient  ca- 
pacity and  power  to  remove  such  dust  or  impurities;  such  fan 
shall  be  kept  running  constantly  while  such  machinery  is  in  use. 
If  in  case  of  wood-working  machinery,  the  industrial  board  decides 
that  such  apparatus  is  unnecessary  for  the  health  and  welfare  of 
the  employees  it  may  adopt  rules  excepting  such  machinery  from 
the  operation  of  this  subdivision. 

[2]$.  If  dust,  gases,  fumes,  vapors,  fibers  or  other  impurities 
are  generated  or  released'  in  the  course  of  the  business  carried  on 
in  any  workroom  of  a  factory,  in  quantities  tending  to  injure  the 
health  of  the  [operatives,  the  person  operating  the  factory, 
whether  as  owner  or  lessee  of  the  whole  or  of  a  part  of  the  build- 
ing in  which  the  same  is  situated,  or  otherwise,  shall  provide] 
employees  suction  devices  shall  be  provided  that  shall  remove  said 
impurities  from  the  workroom,  at  their  point  of  origin  where 
practicable,  by  means  of  proper  hoods  connected  to  conduits  and 
exhaust  fans  of  sufficient  capacity  to  remove  such  impurities, 
[and  s]$uch  fans  shall  be  kept  running  constantly  while  such 
impurities  are  being  generated  or  released.  [If,  owing  to  the 
nature  of  the  manufacturing  process  carried  on  in  a  factory  work- 
room, excessive  heat  be  created  therein  the  person  or  persons  oper- 
ating the  factory  as  aforesaid  shall  provide,  maintain,  use  and 
operate  such  special  means  or  appliances  as  may  be  required  to 
reduce  such  excessive  heat.] 

[3]4.  The  industrial  board  shall  [have  power  to]  make  rules 
[and  regulations]  for  and  fix  standards  of  ventilation,  tempera- 
ture and  humidity  in  factories  and  [may]  shall  prescribe  the 
special  means,  if  any,  required  for  removing  impurities  or  for 
reducing  excessive  heat,  and  the  machinery,  apparatus  or  appli- 
ances to  be  used  for  any  of  said  purposes,  and  the  construction, 
equipment,  maintenance  and  operation  thereof,  in  order  to  effectu- 
ate the  purposes  of  this  section. 

[4]  5..  If  any  requirement  of  this  section  or  any  rule  [or  regu- 
lation] of  the  industrial  board  made  under  the  provisions  thereof 
shall  not  be  complied  with,  the  commissioner  [of  labor]  shall 
issue  [or  cause  to  be  issued]  an  order  directing  compliance  there- 
with [by  the  person  whose  duty  it  is  to  comply  therewith]  within 
thirty  days  after  the  service  of  such  order.  [Such  person  shall, 
in  case  of  failure  to  comply  with  the  requirements  of  such  order, 


544         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

forfeit  to  the  people  of  the  state  fifteen  dollars  for  each  day  dur- 
ing which  such  failure  shall  continue  after  the  expiration  of  such 
thirty  days,  to  be  recovered  by  the  commissioner  of  labor.  The 
liability  to  such  penalty  shall  be  in  addition  to  the  liability  of 
such  person  to  prosecution  for  a  misdemeanor  as  provided  by  sec- 
tion twelve  hundred  and  seventy-five  of  the  penal  law. 

5.  When  the  commissioner  of  labor  shall  issue,  or  cause  to  be 
issued,  an  order  specified  in  subdivision  four  hereof  h]/Ze  may  in 
such  order  require  plans  and  specifications  to  be  filed  for  any 
machinery  or  apparatus  to  be  provided  or  altered,  pursuant  to  the 
requirements  of  such  order.  In  such  case,  before  providing,  or 
making  any  change  or  alteration  in  any  machinery  or  apparatus 
for  any  of  the  purposes  specified  in  this  section,  the  person  upon 
whom  such  order  is  served  shall  file  with  the  commissioner  [of 
labor]  plans  and  specifications  therefor,  and  shall  obtain  [the] 
his  approval  of  such  plans  and  specifications  [by  the  commissioner 
of  labor]  before  providing  or  making  any  change  or  alteration  in 
any  such  machinery  or  apparatus. 

§  220.  [85.]  Size  of  rooms.  No  more  [employees]  persons 
shall  be  [required  or  permitted  to  work]  employed  in  a  room  in  a 
factory  [between  the  hours  of  six  o'clock  in  the  morning  and  six 
o'clock  in  the  evening]  than  will  allow  each  [of  such  employees 
not  less  than]  person  employed  between  the  hours  of  six  o'clock 
in  the  morning  and  six  o'clock  in  the  evening  two  hundred  and 
fifty  cubic  feet  of  air  space ;  [and,]  nor  unless  by  a  written  per- 
mit of  the  commissioner  [of  labor  not  less]  than  will  allow  four 
hundred  cubic  feet  for  each  [employee,  so]  person  employed  be- 
tween the  hours  of  six  o'clock  in  the  evening  and  six  o'clock  in  the 
morning.  [,  provided  s]$uch  room  [is]  shall  be  lighted  by  elec- 
tricity [at  all  times  during  such  hours,  while]  whenever  persons 
are  employed  therein  between  the  hours  of  six  o'clock  in  the  even- 
ing and  six  o'clock  in  the  morning  and  artificial  light  is  necessary. 

§  22.1.  Illumination.  Every  workroom  in  a  factory  shall  be 
properly  and  adequately  lighted  during  working  hours.  Artificial 
illuminants  shall  be  installed,  arranged  and  used  so  that  the  light 
furnished  will  at  all  times  be  adequate  for  the  work  carried  on 
therein.,  and  so  as  to  prevent  unnecessary  strain  on  the  vision  or 
glare  in  the  eyes  of  the  workers. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         545 
TITLE  IV. 

FOUNDRIES. 

§  [97.  Brass,  iron  and  steel  f]  225.  foundries.  [1.]  Foundries 
shall  [be  subject]  conform  to  all  the  provisions  of  this  chapter 
relating  to  factories  and  also  to  the  following  requirements: 

[2]  1.  All  entrances  [to  foundries]  shall  be  so  constructed  and 
maintained  as  to  minimize  drafts,  and  all  windows  [therein]  shall 
be  maintained  in  proper  condition  and  repair. 

[3]#.  All  gangways  [in  foundries]  shall  be  constructed  and 
maintained  of  sufficient  width  to  make  the  use  thereof  by  em- 
ployees reasonably  safe.  During  the  progress  of  casting  such 
gangways  shall  not  be  obstructed  in  any  manner. 

[4]#.  Smoke,  steam  and  gases  generated  in  foundries  shall  be 
effectively  removed  therefrom,  in  accordance  with  such  rules  [and 
regulations]  as  may  be  adopted  with  reference  thereto  by  the  in- 
dustrial board,  and  whenever  required  by  the  [regulations]  rules 
of  such  board,  exhaust  fans  of  sufficient  capacity  and  power,  prop- 
erly equipped  with  ducts  and  hoods,  shall  be  provided  and  oper- 
ated to  remove  such  smoke,  steam  and  gases.  The  milling  and 
cleaning  of  castings,  and  milling  of  cupola  cinders,  shall  he  done 
under  such  conditions  to  be  prescribed  by  the  rules  [and  regula- 
tions] of  the  industrial  board  as  will  adequately  protect  the 
persons  employed  in  foundries  from  the  dust  arising  during  the 
process. 

[5]4.  All  foundries  shall  be  properly  and  thoroughly  lighted 
during  working  hours  and  in  cold  weather  proper  and  sufficient 
heat  shall  be  provided  and  maintained  therein. 

5.  The  use  of  heaters  discharging  smoke  or  gas  into  workrooms 
is  prohibited.  [In  all  foundries  s].  /Suitable  provision[s]  shall 
be  m-ade  and  maintained  for  drying  the  working  clothes  of  [per- 
sons employed  therein]  employees. 

[6.  In  every  foundry  in  which]  6.  Where  ten  or  more  persons 
are  employed  [or  engaged  at  labor,]  there  shall  be  provided  and 
maintained  [for  the  use  of  employees  therein]  suitable  and  con- 
venient' washrooms  [of  sufficient  capacity]  adequately  equipped 
with  hot  and  cold  water  service.  Such  washrooms  shall  be  kept 
clean  and  sanitary  and  shall  be  properly  heated  during  cold 
weather.  In  e?ery  such  foundry  lockers  shall  be  provided  for 
the  safe-keeping  of  employees'  clothing[.  In  every  foundry  in 
which  more  than  ten  persons  are  employed  or  engaged  at  labor 
where]  and  if  outside  water  closets  or  privy  accommodations 
18 


546         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

are  permitted  by  the  commissioner  [of  labor  to  remain  outside 
of  the  factory  under  the  provisions  of  section  eighty-eight  of 
this  chapter,]  the  passageway  leading  from  the  foundry  to  the 
[said]  water-closets  or  privy  accommodations  shall  be  so  pro- 
tected and  constructed  that  the  employees  in  passing  thereto  or 
therefrom  shall  not  be  exposed  to  outdoor  atmosphere  and  such 
water-closets  or  privy  accommodations  shall  be  properly  heated 
during  cold  weather. 

7.  The  flasks,  molding  machines,  ladles,  cranes  and  apparatus 
for  transporting  molten  metal   [in  foundries]   shall   be  main- 
tained in  proper  condition  and  repair,  and  any  such  tools  or  imple- 
ments that  are  defective  shall  not  be  used  until  properly  repaired. 

8.  There  shall  be  [in  every  foundry,]  available  for  immediate 
use,  an  ample  supply  of  lime  water,  olive  oil,  vaseline,  bandages 
and  absorbent  cotton,  to  meet  the  needs  of  workmen  in  case  of 
burns  or  other  accidents ;  but  any  other  equally  efficacious  remedy 
for  burns  may  be  substituted  for  those  herein  prescribed. 

TITLE  V. 

DUTIES  OF  OWNERS  AND  OCCUPIERS. 

§  [94.  Tenant-factories]^^^.  Duties  of  owners  and  occupiers. 
1.  Except  as  in  this  article  otherwise  provided  the  person  operat- 
ing a  factory  whether  as  owner  or  lessee  of  the  whole  or  of  a  part 
of  the  building  in  which  the  same  is  situated  or  otherwise,  shall 
be  responsible  for  the  observance  of  the  provisions  of  this  article, 
anything  in  any  lease  or  agreement  to  the  contrary  notwith- 
standing. 

2.-  The  term  "  owner "  when  used  in  this  article  means  the 
owner  of  the  freehold  of  the  premises,  or  the  lessee  of  the  whole 
thereof,  or  the  agent  in  charge  of  the  property. 

3.  [A  tenant-factory  within  the  meaning  of  the  term  as]  The 
term  "  tenant-factory  building  "  when  used  in  this  [chapter  is] 
section  means  a  building,  separate  parts  of  which  are  occupied  and 
used  by  different  persons,  [companies  or  corporations,]  and  one 
or  more  of  which  parts  is  [so]  used  as  [to  constitute  in  law]  a 
factory. 

4-  The  owner[,]  of  a  tenant-factory  building,  whether  or  not 
he  is  also  one  of  the  occupants,  instead  of  the  respective  [lessees 
or]  tenants,  shall  be  responsible  for  the  observance  [and  punish- 


PROPOSED  RECTIFICATION  OF  THE  LABOR  LAW.         547 

able  for  the  nonobservance]  of  the  following  provisions  of  this 
article,  anything  in  any  lease  to  the  contrary  notwithstanding[ — 
namely,  the  provisions  of  sections  seventy-nine,  eighty,  eighty-two, 
eighty-three,  eighty-six,  ninety  and  ninety-one,  and  the  provisions 
of  section  eighty-one  with  respect  to  the  lighting  of  halls  and 
stairways ;] : 

Section  175.  Elevators  and  hoistways. 

190.  Construction    of   buildings    erected    after   October 

first,  nineteen  hundred  and  thirteen. 

191.  Requirements  for  buildings  erected  before  October 

first,  nineteen  hundred  and  thirteen. 

192.  Additional  requirements  common  to  all  buildings. 

193.  Fire  escapes  erected  after  October  first,  nineteen 

hundred  and  thirteen. 
19  Jf.  Fire  escapes  erected  before  October  first,  nineteen 

hundred  and  thirteen. 
198.  Fire  alarm  signal  systems. 
200.  Automatic  sprinklers. 
212.  Drinking  water. 
818.  Wash  rooms. 
215.  Water  closets. 

except  that  the  [lessees  or]  tenants  also  shall  be  responsible  for 
the  observance  [and  punishable  for  the  nonobservance]  of  the 
provisions  of  sections  [seventy-nine,  eighty,  eighty-six  and  ninety- 
one]  one  hundred  and  seventy-five,  one  hundred  and  ninety-one, 
one  hundred  and  ninety-two,  one  hundred  and  ninety-three,  one 
hundred  and  ninety-four,  two  hundred  and  twelve,  two  hundred 
and  thirteen  and  two  hundred  and  fifteen,  within  their  respec- 
tive holdings.  The  owner  shall  also  be  responsible  for  all  other 
provisions  of  this  article  in  so  far  as  they  affect  those  portions 
of  the  tenant-factory  building  that  are  used  in  common.  [The 
owner  of  every  tenant-factory  shall  provide  each  separate  factory 
therein  with  water-closets  in  accordance  with  the  provisions  of 
section  eighty-eight,  and  with  proper  and  sufficient  water  and 
plumbing  pipes  and  a  proper  and  sufficient  supply  of  water  to 
enable  the  tenant  or  lessee  thereof  to  comply  with  all  the  provi- 
sions of  said  section.  But  as  an  alternative  to  providing  water- 
closets  within  each  factory  as  aforesaid,  the  owner  may  provide  in 
the  public  hallways  or  other  parts  of  the  premises  used  in  com- 
mon where  they  will  be  at  all  times  readily  'and  conveniently 


548         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

accessible  to  all  persons  employed  on  the'  premises  not  provided  for 
in  accordance  with  section  eighty-eight,  separate  water-closets  for 
each  sex,  of  sufficient  numbers  to  accommodate  all  such  persons. 
Such  owner  shall  keep  all  water-closets  located  as  last  specified  at 
all  times  provided  with  proper  fastenings,  and  properly  screened, 
lighted,  ventilated,  clean,  sanitary  and  free  from  all  obscene  writ- 
ing or  marking.  Outdoor  water-closets  shall  only  be  permitted 
where  the  commissioner  of  labor  shall  decide  that  they  are  neces- 
sary or  preferable,  and  they  shall  then  be  provided  in  all  respects 
in  accordance  with  his  directions.  The  owner  of  every  tenant- 
factory  shall  keep  the  entire  building  well  drained  and  the  plumb- 
ing thereof  in  a  clean  and  sanitary  condition ;  and  shall  keep  the 
cellar,  basement,  yards,  areaways,  vacant  rooms  and  spaces,  and 
all  parts  and  places  used  in  common  in  a  clean,  sanitary  and  safe 
condition  and  shall  keep  such  parts  thereof  as  may  reasonably 
be  required  by  the  commissioner  of  labor  properly  lighted  at  all 
hours  or  times  when  said  building  is  in  use  for  factory  purposes. 
The  term  "  owner  "  as  used  in  this  article  shall  be  construed  to 
mean  the  owner  or  owners  of  the  freehold  of  the  premises,  or  the 
lessee  or  joint  lessees  of  the  whole  thereof,  or  his,  her  or  their 
agent  in  charge  of  the  property.] 

5.  The  [lessee  or]  tenant  of  any  part  of  a  tenant-factory  'build- 
ing shall  permit  the  owner,  his  agents  and  servants,  to  enter  and 
remain  upon  the  demised  premises  whenever  and  so  long  as  may 
be  necessary  to  comply  with  the  provisions  of  law,  the  responsi- 
bility for  which  is  by  this  section  placed  upon  the  owner ;  and  his 
failure  or  refusal  so  to  do  shall  be  a  cause  for  dispossessing  said 
tenant  by  summary  proceedings  to  recover  possession  of  real  prop- 
erty,- as  provided  in  the  code  of  civil  procedure.  [And  w]  When- 
ever by  the  terms  of  a  lease  any  [lessee  or]  tenant  [shall  have] 
has  agreed  to  comply  with  or  carry  out  any  of  such  provisions,  his 
failure  or  refusal  so  to  do  shall  be  a  cause  for  dispossessing  said 
tenant  by  summary  proceedings  as  aforesaid.  [Except  as  in 
this  article  otherwise  provided  the  person  or  persons,  company  or 
corporation  conducting  or  operating  a  factory  whether  as  owner 
or  lessee  of  the  whole  or  of  a  part  of  the  building  in  which  the  same 
is  situated  or  otherwise,  shall  be  responsible  for  the  observance  and 
punishable  for  the  nonobservance  of  the  provisions  of  this  article, 
anything  in  any  lease  or  agreement  to  the  contrary  notwithstand- 
ing.] 


PROPOSED  EECODIFICATION  OF  THE  LABOR  LAW.         549 

[§  96.  Definition  of  "  custodian."  The  word  "  custodian  "  as 
used  in  this  article  shall  include  any  person,  organization  or  so- 
ciety having  the  custody  of  a  child.] 

AKTICLE  [8]  11. 

BAKERIES  AND  rCONFECTIONERIES-|  MANUFACTURE  OF  FOOD  PRODUCTS. 

[Section  110.  Enforcement  of  article. 

111.  Definitions. 

112.  General  requirements. 

113.  Maintenance. 

113-a.  Prohibited  employment  of  diseased  bakers. 

114.  Inspection  of  bakeries. 

115.  Sanitary  certificates. 

116.  Prohibition  of  future  cellar  bakeries. 

117.  Sanitary  code  for  bakeries  and  confectioneries.] 
Section  235.  Definitions. 

236.  Construction. 

237.  Maintenance  and  operation. 

238.  Prohibited  employment  of  diseased  bakers. 

239.  Respective  duties  of  owners  and  occupiers. 

240.  Manufacture  of  other  food  products. 
2Jfl.  Sanitary  certificates. 

2Jf2.  Cellar  bakeries. 

?.  Enforcement  of  article. 


.  Definitions.  The  term  "  bakery"  when  used  in 
this  chapter  means  [all]  any  building[s],  room[s]  or  place[s] 
used  or  occupied  for  the  purpose  of  making,  preparing  or  baking 
bread,  biscuits,  pastry,  cakes,  doughnuts,  crullers,  noodles,  maca- 
roni or  spaghetti,  to  be  sold  or  consumed  on  or  off  the  premises, 
except  [kitchens  in]  hotels,  restaurants,  boarding  houses  or  pri- 
vate residences  wherein  [such]  all  such  products  [are  prepared 
to  be  used  and]  are  used  exclusively  on  the  premises;  [shall  for 
the  purpose  of  this  article  be  deemed  bakeries.  The  commis- 
sioner of  labor  shall  have  the  same  powers]  and  with  respect  to 
the  provisions  of  this  chapter  relating  to  machinery,  safety  de- 
vices and  sanitary  conditions  includes  [in]  hotel  bakeries  [that 
he  has  in  respect  thereto  in  bakeries  as  defined  by  this  chapter. 
In  cities  of  the  first  class  the  health  department's  jurisdiction 
over  hotel  bakeries  shall  not  extend  to  the  machinery  safety  de- 
vices and  hours  of  labor  of  employees  therein]. 


550         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

The  term  "  cellar  "  when  used  in  this  article  [shall]  means  a 
room  or  a  part  of  a  building  which  is  more  than  one-half  its  height 
below  the  level  of  the  curb  or  ground  outside  of  or  adjoining  the 
[building  (excluding  areaways)]  same. 

The  term  "  owner  "  [as]  when  used  in  this  article  [shall  be 
construed  to]  means  the  owner  [or  owners]  of  the  freehold  of 
the  premises,  or  the  lessee  [or  joint  lessees]  of  the  whole  thereof, 
or  [his,  her  or]  the[ir]  agent  in  charge  of  the  property. 

The  term  "  occupier  "  when  used  in  this  article  [shall  be  con- 
strued to]  means  the  person [,  firm  or  corporation]  in  actual  pos- 
session of  the  premises,  who  either  himself  makes,  prepares  or 
bakes  any  of  the  articles  mentioned  in  this  section,  or  [hires  or] 
employs  others  to  do  it  for  him. 

Bakeries  are  factories  within  the  meaning  of  this  chapter,  and 
subject  to  all  the  provisions  of  article  [six]  ten  thereof. 

§  [112]##6.  [General  requirements.]  Construction.  [All 
bakeries.]  1.  Every  bakery  shall  be  [sufficiently]  provided  with 
proper  and  sufficient  drain[age]s,  [and  with  suitable]  sinks 
[supplied  with],  clean  running  water [,  for  the  purpose  of  wash- 
ing and  keeping  clean  the  utensils  and  apparatus  used  therein], 
and  water-closets;  and  the  water-closets  shall  be  apart  from  and 
not  open  directly  into  the  bakeroom  or  rooms  where  the  raw  ma- 
terial or  manufactured  product  thereof  is  stored  or  sold.  [All 
bakeries] 

2.  Every  bakery  shall  be  provided  with  [proper  and]  adequate 
windows,  [and  if  required  by  the  rules  and  regulations  of  the 
industrial  board  with  v]  Fentilating  hoods  and  pipes  over  ovens 
and  ashpits  or  [with]  other  mechanical  means  [to  so  ventilate 
same  as]  of  ventilation  shall  also  be  provided  if  necessary,  to 
render  harmless  to  the  persons  working  therein  any  steam,  gases, 
vapors,  dust,  excessive  heat  or  [any]  impurities  that  may  be  gen- 
erated or  released  by  or  in  the  process  of  making,  preparing  or 
baking  [in  said  bakeries]. 

3.  Every  part  of  a  bakery  shall  be  at  least  eight  feet  in  height 
measured  from  the  surface  of  the  finished  floor  to  the  under  side 
of  the  ceiling  [and  shall  have  a  flooring  of  even,  smooth  cement, 
or  of  tiles  laid  in  cement,  or  a  wooden  floor,  so  laid  and  con* 
structed  as  to  be  free  from  cracks,  holes  and  interstices],  except 
that  any  cellar  or  basement  of  less  [than  eight  feet  in]  height 
which  was  used  for  a  bakery  on  the  second  day  of  May,  eighteen 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         551 

hundred  and  ninety-five,  need  not  be  altered  to  conform  to  this 
provision  [with  respect  to  height ;]. 

4.  The  flooring  shall  be  of  smooth,  even  cement,  tiles  laid  in 
cement,  or  wood,  and  shall  be  free  from  cracks,  holes  and  inter- 
stices, and  the  side  walls  and  ceilings  shall  be  [either  plastered, 
ceiled  or  wainscoted.]  properly  constructed  and  maintained. 
[Every  bakery  shall  be  provided  with  a  sufficient  number  of  water- 
closets,  and  such  water-closets  shall  be  separate  and  apart  from 
and  unconnected  with  the  bakeroom  or  rooms  where  food  products 
are  stored  or  sold.] 

§  [113]#-37.  Maintenance  and  operation.  1.  All  floors,  walls, 
stairs,  shelves,  furniture,  utensils,  yards,  areaways[,]  and  plumb- 
ing [drains  and  sewers],  in  or  in  connection  with  bakeries,  or  in 
bakery  water-closets  and  wash-rooms,  or  rooms  where  raw  mate- 
rial^ are  stored,]  or  [in  rooms  where]  the  manufactured  product 
is  stored  or  sold,  shall  [at  all  times]  be  kept  in  good  repair  [and 
maintained],  in  a  clean  and  sanitary  condition,  and  free  from  all 
[kinds  of]  vermin.  All  furniture,  troughs  and  utensils  shall  be 
so  constructed  and  arranged  as  not  to  prevent  cleaning  them  or 
any  part  of  the  bakery.  All  interior  woodwork,  walls  and  ceilings 
shall  be  kept  properly  painted  or  limewashed  except  when  prop- 
erly tiled  or  covered  with  slate  or  marble  with  a  finished  surface. 
[once  every  three  months,  where  so  required  by  the  commiosioner 
of  labor.  Proper  s] 

2.  Sanitary  receptacles  snail  be  provided  and  used  for  [stor- 
ing] coal,  ashes,  refuse  and  garbage[.],  [Receptacles  for  refuse 
and  garbage  shall  have  their]  and  the  contents  of  the  receptacles 
for  refuse  and  garbage  shall  be  removed  from  bakeries  daily  and 
such  receptacles  shall  be  maintained  in  a  clean  and  sanitary 
condition  at  all  times[;  the  use  of  tobacco  in  any  form  in  a 
bakery  or  room  where  raw  material  or  manufactured  product 
of  such  bakery  is  stored  is  prohibited.  No  person  shall 
sleep,  or  be  permitted,  allowed  or  suffered  to  sleep  in  a 
bakery,  or  in  any  room  where  raw  material  or  the  manu- 
factured product  of  such  bakery  is  stored  or  sold,  and  no 
domestic  animals  or  birds,  except  cats,  shall  be  allowed  to 
remain  in  any  such  room].  Mechanical  means  of  ventilation, 
when  provided,  shall  be  effectively  used  and  operated.  Windows, 
doors  and  other  openings  shall  be  provided  with  proper  screens. 
[All  employees,  while  engaged  in  the  manufacture  and  handling 


552         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

of  bread  shall  wear  slippers  or  shoes  and  suits  of  washable  material 
which  shall  be  used  for  that  purpose  only  and  such  garments  shall 
be  kept  clean  at  all  times.]  Lockers  shall  be  provided  for  the 
street  clothes  of  the  employees.  [The  furniture,  troughs  and 
utensils  shall  be  so  arranged  and  constructed  as  not  to  prevent  their 
cleaning  or  the  cleaning  of  every  part  of  the  bakery.] 

3.  No  person  shall  use  or  be  permitted  to  use  tobacco  in  any 
form  in  a  bakery  or  room  where  the  raw  material  or  manufactured 
product  of  such  bakery  is  stored  or  sold. 

If..  No  person  shall  sleep  or  be  permitted  to  sleep  and  no  do- 
mestic animals,  except  cats,  and  no  birds  shall  be  allowed  to  re- 
main in  a  bakery  or  room  where  the  raw  material  or  manufactured 
product  of  such  bakery  is  stored  or  sold. 

5.  Every  person,  while  engaged  in  the  manufacture  and  hand- 
ling of  bread,  shall  wear  a  clean  suit,  which  shall  be  made  of  wash- 
able material  and  used  for  that  work  only,  and  clean  shoes  or 
slippers. 

§  [113-a.]  238.  Prohibited  employment  of  diseased  bakers.  No 
person  who  has  any  communicable  disease  shall  work  or  be  per- 
mitted to  work  in  a  bakery.  Whenever  required  by  a  medical 
inspector  of  the  department  [of  labor],  any  person  [em- 
ployed] working  in  a  bakery  shall  submit  to  a  physical  examina- 
tion by  such  inspector.  No  person  who  refuses  to  submit  te  such 
examination  shall  during  the  period  of  such  refusal  work  or  be 
permitted  to  work  in  a[ny]  bakery. 

[§.  114.  Inspection  of  bakeries.  It  shall  be  the  duty  of  t] 
§  239.  Respective  duties  of  owners  and  occupiers.  The  owner  [of 
a  building  wherein  a  bakery  is  located  to]  shall  comply  with 
[all  the  provisions  of]  section  [one  hundred  and  twelve  of  this 
article,]  two  hundred  and  thirty-six  and  [of]  the  occupier  [to] 
shall  comply  with  [all  the  provisions  of]  sections  [one 
hundred  and  thirteen  of  this  article,]  two  hundred  and 
thirty-seven  and  two  hundred  and  thirty-eight  unless  by  the 
terms  of  a  valid  lease  [the  responsibility  for  compliance 
therewith  has  been  undertaken  by]  the  other  party  [to 
the  lease]  thereto  has  undertaken  to  comply  with  any  provision 
of  such  sections,  and  a  duplicate  original  lease,  containing  such 
obligation,  [shall]  ha[ve]s  been  previously  filed  in  the  office 
of  the  commissioner  [of  labor],  in  which  event  the  party  as- 
suming the  responsibility  shall  be  responsible  for  [such]  com- 


RKCODTFICATION  or  THE  LABOR  LAW.         :..v) 

pliance.  [The  commissioner  of  labor  may,  in  his  discretion, 
apply  any  or  all  of  the  provisions  of  this  article  to  a  factory  lo- 
cated in  a  cellar  wherein  any  food  product  is  manufactured,  pro- 
vided that  basements  or  cellars  used  as  confectionery  or  ice-cream 
manufacturing  shops  shall  not  be  required  to  conform  to  the  re- 
quirement as  to  height  of  rooms.  Such  establishments  shall  be 
not  less  than  seven  feet  in  height,  except  that  any  cellar  or  base- 
ment so  used  before  October  first,  nineteen  hundred  and  six,  which 
is  more  than  six  feet  in  height  need  not  be  altered  to  conform  to 
this  provision. 

If  on  inspection  the  commissioner  of  labor  find  a  bakery  or 
any  part  thereof  to  be  so  unclean,  ill-drained  or  ill-ventilated  as 
to  be  unsanitary,  he  may,  after  not  less  than  forty-eight  hours' 
notice  in  writing,  to  be  served  by  affixing  the  notice  on  the  inside 
of  the  main  entrance  door  of  said  bakery,  order  the  person  found 
in  charge  thereof  immediately  to  cease  operating  it  until  it  shall 
be  properly  cleaned,  drained  or  ventilated.  If  such  bakery  be 
thereupon  continued  in  operation  or  be  thereafter  operated  before 
it  be  properly  cleaned,  drained  or  ventilated,  the  commissioner  of 
labor  may,  after  first  making  and  filing  in  the  public  records  of 
his  office  a  written  order  stating  the  reasons  therefor,  at  once  and 
without  further  notice  fasten  up  and  seal  the  oven  or  other  cook- 
ing apparatus  of  said  bakery,  and  affix  to  all  materials,  recep- 
tacles, tools  and  instruments  found  therein,  labels  or  conspicuous 
signs  bearing  the  word  "  unclean."  No  one  but  the  commissioner 
of  labor  shall  remove  any  such  seal,  label  or  sign,  and  he  may  re- 
fuse to  remove  it  until  such  bakery  be  properly  cleaned,  drained 
or  ventilated.] 

§  240.  Manufacture  of  other  food  products.  1.  Every  fac- 
tory wherein  any  food  product  is  manufactured  shall  be  kept  in 
a  sanitary  condition  and  properly  lighted  and  ventilated,  and  the 
food  product  prepared  therein  shall  be  protected  from  contamina- 
tion. 

2.  Every  'basement  or  cellar  used  as  a  confectionery  or  ice-cream 
manufacturing  shop  shall  be  not  less  than  seven  feet  in  height 
measured  from  the  surface  of  the  finished  floor  to  the  underside 
of  the  ceiling,  except  that  any  cellar  or  basement  which  is  more 
than  six  feet  in  height  and  was  so  used  before  the  first  day  of 
October,  nineteen  hundred  and  six,  need  not  be  altered  to  conform 
to  this  provision. 


554         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 


§  [H5J&M-  Sanitary  certificates.  1.  No  person[,  firm  or 
corporation]  shall  establish^  maintain]  or  operate  a  bakery  with- 
out [obtaining]!  a  sanitary  certificate  [from  the  department  of 
labor].  The  certificate  shall  be  kept  posted  in  a  conspicuous  place 
in  the  bakery. 

2.  Application  for  [such]  a  certificate  shall  be  made  to  the 
commissioner  [of  labor]  by  the  occupier  [of  the  bakery]  or  [by] 
the  person[,  firm  or  corporation]  desiring  to  establish  or  [con- 
duct] operate  [such]  the  bakery.     The  application  [for  a  sani- 
tary certificate]  shall  be  made  [in  such  form  and  shall  contain 
such   information   as   the   commissioner   of   laborf  may   require. 
Blank  applications  for  such  certificate  shall  be]  upon  blanks  pre- 
pared and  furnished  by  the  commissioner  [of  labor]. 

[2.  Upon  the  receipt  of  such  application  for  a  sanitary  certifi- 
cate,] 

3.  Before  issuing  a  certificate  the  commissioner  [of  labor]  shall 
[cause  an]  inspect[ion  to  be  made  of]  the  building,  room  or 
place  described  in  the  application.    If  the  bakery  conforms  to  the 
provisions    of    articles    [six    and    eight]    ten    and    eleven    [of 
this  chapter]  and  the  rules  [and  regulations]  of  the  industrial 
board,  or  in  any  city  of  the  first  class  if  the  bakery  conforms  to 
the  provisions  of  article  [eight]  eleven  [of  this  chapter],  and 
[to]  the  sanitary  code  and  the  rules  [and  regulations]  of  the  de- 
partment of  health  of  any  such  city,  the  commissioner  [of  labor] 
shall  issue  a  sanitary  certificate  for  such  bakery[.     Such  certifi- 
cate shall  be]  for  a  period  of  one  year,  and  shall  [be]  renew[ed] 
it  annually  unless  [by  the  commissioner  of  labor  if]'  upon  a  re- 
inspection  of  the  bakery  it  is  found  not  to  comply  with  the  afore- 
said   provisions    and    [regulations]    rules.      [Every  certificate 
granted  under  the  provisions  of  this  chapter  shall  be  posted  in  a 
conspicuous  place  in  the  bakery  for  which  such  certificate   is 
issued.] 

[3.  Such]  4-  The  certificate  may  be  revoked  or  suspended  [at 
any  time]  by  the  commissioner  [of  labor]  if  the  health  of  the 
community  or  of  the  employees  of  the  bakery  requires  such  ac- 
tion, or  if  an  order  of  the  [department  issued  under  the  pro- 
visions of  this  chapter  be]  commissioner  is  not  complied  with 
within  fifteen  days  after  the  service  thereof  upon  the  person[, 
firm  or  corporation]  charged  with  the  duty  of  compl[ying  with 
such  order]  iance.  The  time  for  [such]  compliance  may  be  ex- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         555 

tended  by  the  commissioner  [of  labor]  for  good  cause  shown,  but 
a  statement  of  the  reasons  for  such  extension  shall  be  filed  in  [the 
office  of  the  department  of  labor  as  part  of]  the  public  records 
[thereof]  of  his  office.  [Nothing  contained  in  this  subdivision 
shall  be  construed  to  limit  in  any  way  the  power  of  the  commis- 
sioner of  labor  to  seal  up  an  unsanitary  bakery  as  provided  in  sec- 
tion one  hundred  and  fourteen  of  this  chapter.] 

fji]  5.  If  an  application  for  a  [sanitary]  certificate  [be] 
is  denied  or  if  [such]  a  certificate  [be]  is  revoked  or  suspended 
by  the  commissioner  [of  labor],  he  shall  file  in  [the  office  of  the 
department  of  labor  as  part  of]  the  public  records  of  his  office 
[thereof],  a  statement  [in  writing  setting  forth]  in  detail  of  the 
reasons  for  [such  denial  or  revocation.]  his  action. 

[5.  Applications  for  sanitary  certificates  for  existing  bakeries 
shall  be  made  within  four  months  after  this  act  takes  effect,  and 
no  such  bakery  shall  be  conducted  or  operated  without  a  sanitary 
certificate  from  the  department  of  labor  after  the  first  day  of 
January,  nineteen  hundred  and  fourteen.  In  the  case  of  bakeries 
hereafter  established,  the  application  for  a  sanitary  certificate 
shall  be  made  within  ten  days  after  such  bakery  shall  commence 
business,  and  no  such  bakery  shall  be  conducted  or  operated  with- 
out a  sanitary  certificate  for  more  than  thirty  days  after  com- 
mencing business.] 

6.  If  a  bakery  has  no  [sanitary]  certificate  as  herein  re- 
quired or  if  such  certificate  has  been  revoked  or  suspended,  the 
commissioner  [of  labor  shall]  may,  after  first  making  and  filing 
in  the  public  records  of  his  office  an  [written]  order  stating  the 
reasons  therefor,  [at  once  and]  without  further  notice  fasten  up 
and  seal  the  oven  or  other  cooking  apparatus  of  said  bakery,  and 
may  affix  to  all  materials  and  utensils  in  the  bakery  conspicuous 
labels  or  signs  bearing  the  word  "  unclean."  No  one  but  the  com- 
missioner of  labor  or  his  duly  authorized  representative  shall 
remove  or  deface  any  such  seal,  label  or  sign,  and  he  shall  not  re- 
move [same]  it  until  a  [sanitary]  certificate  [has  been]  is 
issued  or  reissued  to  [such]  the  bakery. 

§  [116]&£0.  [Prohibition  of  future  c](7ellar  bakeries.  1.  No 
bakery  shall  hereafter  be  located  in  a  cellar,  [and  a  sanitary 
certificate  shall  not  be  issued  for  any  bakery  so  located,  unless 
such  bakery]  which  does  not  conform  to  all  the  provisions  of  this 
section,  unless  a  certificate  of  exemption  has  been  issued  to  the 


556         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

owner  under  the  provisions  of  the  law  in  effect  on  or  before  the 
twenty-eighth  day  of  February,  nineteen  hundred  and  fourteen. 

2.  The  cellar  shall  be  at  least  ten  feet  in  height  measured  from 
the  surface  of  the  finished  floor  to  the  under  side  of  the  ceiling 
[and  i].     /f  the  bakery  is  located  [or  intended  to  be  located] 
entirely  in  the  front  part  of  the  building,  the  ceiling  of  the  bakery 
shall  be  not  less  than  [in  every  part  at  least]  four  feet  six  inches 
above  the  curb  level  of  the  street  in  front  of  the  building,  or  if 
[such  bakery  is  located  or  intended  to  be]  located  entirely  in  the 
rear  part  of  the  building  or  [to]  extending  from  the  front  to  the 
rear,  the.  ceiling  [of  the  bakery]  shall  be  not  less  than  one  foot 
above  the  curb  level  of  the  street  in  front  of  the  building  and  the 
bakery  shall  open  upon  a  yard  or  courts  which  shall  extend  at 
least  six  inches  below  the  floor  level  of  the  bakery. 

3.  [,  nor  unless  proper  and  a]  Adequate  provision  shall  be  made 
for  the  lighting  and  ventilation  of  such  bakery  and  for  the  proper 
construction  of  the  floor,  walls  and  ceiling  thereof,  and  the  bakery 
shall  be  constructed  in  accord  with  plans  and  specifications  [foi 
the  construction  and  establishment  of  such  bakery],  prepared  in 
such  form  [and  covering  such  matters]  as  the  commissioner  [of 
labor]  may  require  [shall],  which  have  been  [first]  submitted 
to  and  approved  by  the  commissioner  [of  labor].     [This  prohi- 
bition shall  not  apply  to  a  cellar  used  and  operated  as  a  bakery 
at  any  time  within  one  year  prior  to  the  date  of  the  passage  of 
this  act,  provided  that  satisfactory  proof  of  its  use  as  a  bakery  as 
herein  specified  be  furnished  to  the  commissioner  of  labor  in  such 
form  as  he  may  require  within  six  months  after  this  act  shall  take 
effect,  nor  shall  it  apply  to  the  cellar  of  a  building  in  the  course 
of  construction  on  the  ninth  day  of  May,  nineteen  hundred  and 
thirteen,  nor  to  the  cellar  of  a  building  the  construction  of  which 
was  commenced  after  the  first  day  of  January,  nineteen  hundred 
and  thirteen,  and  completed  on  or  before  the  ninth  day  of  May, 
nineteen  hundred  and  thirteen,  provided  that  such  cellar  be  used 
and  operated  as  a  bakery  at  any  time  prior  to  the  first  day  of 
January,  nineteen  hundred  and  fourteen,  and  that  satisfactory 
proof  of  the  time  of  the  construction  of  such  building  and  of  the 
use  of  the  cellar  as  a  bakery  as  herein  specified  be  furnished  to 
the  commissioner  of  labor,  in  such  form  as  he  may  require,  on  or 
before  the  twenty-eighth  day  of  February,  nineteen  hundred  and 
fourteen.     Upon  receipt  of  such  proof  the  commissioner  of  labor 


PROPOSED  RECODIFICATIOM  OF  TIIK  LABOK  LAW. 

shall  issue  to  the  owner  of  the  building  in  which  such  cellar  is 
located,  a  certificate  of  exemption.] 

4.  This  section  shall  not  prevent  the  [local]  health  [authori- 
ties] departments  in  [any]  cit[y]tes  of  the  first  class  from 
exercising  any  power  of  regulation  now  or  hereafter  vested  in 
them. 

[§  117.  Sanitary  code  for  bakeries  and  confectioneries.  All 
factories  wherein  any  food  product  is  manufactured  shall  be  kept 
in  a  thoroughly  sanitary  condition  and  shall  be  properly  lighted 
and  ventilated,  and  all  necessary  methods  shall  be  employed  to 
protect  the  food  product  prepared  therein  from  contamination. 
The  industrial  board  may  adopt  rules  and  regulations  for  carry- 
ing into  effect  the  provisions  of  this  article.  Such  rules  and  regu- 
lations shall  be  known  as  the  sanitary  code  for  bakeries  and  con- 
fectioneries and  shall  not  apply  to  cities  of  the  first  class.] 

§  [110]#-4$.  Enforcement  of  article.  [In  every  city  of  the 
first  class  the  health  department  of  such  city  shall  have  exclusive 
jurisdiction  to  enforce  the  provisions  of  this  article.  In  the  ap- 
plication of  any  provision  of  this  article  to  any  city  of  the  first 
class,  the  words  "  commissioner  of  labor  "  or  "  department  of 
labor  "  shall  be  understood  to  mean  the  health  department  of  such 
city.]  1  The  commissioner  shall,  except  in  cities  of  the  first  class, 
enforce  the  provisions  of  this  article. 

2.  In  cities  of  the  first  class,  the  health  departments  thereof 
shall  enforce  the  provisions  of  this  article,  and  for  that  purpose 
shall  possess  all  powers  conferred  by  this  chapter  upon  the  com- 
missioner, the  industrial  board,  or  any  officer  of  the  department 
of  labor. 

8.  The  rules  of  the  industrial  board  made  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  article  shall  not  apply 
in  cities  of  the  first  class. 

ARTICLE  12. 

TENEMENT-MADE  ARTICLES. 

Section  250.  Definitions. 

251.  Article  not  to  apply  to  certain  shops  in  tenements. 

252.  Tenement  house  license. 

253.  Manufacturing  of  certain  articles  in  tenements  pro- 

hibited. 


558         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 


.  Work  in  cellars  prohibited. 

255.  Prohibition  of  manufacturing  by  persons  other  than 

members  of  the  family. 

256.  Cleanliness  and  ventilation. 

257.  Articles  not  to  be  manufactured  in  tenements  in 

which  there  is  disease. 

258.  Articles  unlawfully  manufactured  not  to  be  sold. 

259.  Articles  unlawfully  manufactured  to  be  labeled. 

260.  Register  of  persons  to  whom  work  is  given;  identifi- 

cation label. 

261.  Manufacturing  in  unclean  tenements  prohibited. 

262.  Owners  of  tenement  houses  not  to  permit  the  unlaw- 

ful use  thereof. 

263.  Powers  and  duties  of  boards  of  health. 
26Jf.  Issuance  of  tenement  house  licenses. 

265.  Dressmakers  permit. 

266.  Permit  to  give  out  goods  to  a  tenement  house. 

§  250.  Definitions.  The  term  "  tenement  house,"  when  used 
in  this  article,  means  any  house  or  building  or  portion  thereof, 
of  which  is  rented,  leased,  let  or  hired  out,  to  be  occupied, 
or  is  occupied  in  whole  or  in  part  as  the  home  or  residence  of 
three  families  or  more  living  independently  of  each  other,  and 
doing  their  cooking  upon  the  premises,  and  includes  apartment 
houses,  flat  houses  and  all  other  houses  so  occupied,  and  includes 
any  building  which  is  on  the  same  lot  with  any  such  tenement 
house  and  is  used  for  any  purpose  specified  in  section  two  hundred 
and  fifty-tivo. 

The  terms  "manufacture  "  and  "manufactured  "  when  used  in 
this  article  include  altering,  repairing  or  finishing  in  whole  or  part. 

§  251.  Article  not  to  apply  to  certain  shops  in  tenements.  This 
article  does  not  apply  to  a  tenement  house  if  the  only  manufac- 
turing therein  is  carried  on  in  a  shop  which  is  on  the  main  or 
ground  floor,  has  a  separate  entrance  to  the  street,  is  unconnected 
with  any  living  rooms,  is  entirely  separated  from  the  rest  of  the 
building  by  solid  partitions,  and  is  not  used  for  sleeping  or  cook- 
ing. 

§  252.  Tenement  house  license.  No  room  or  apartment  of  a 
tenement  house  shall  be  used  for  the  purpose  of  manufacturing 
therein  any  articles  except  collars,  cuffs,  shirts  or  shirtwaists  made 
of  cotton  or  linen  fabrics  and  laundered  before  being  offered  for 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         559 

sale  and  except  articles  for  the  exclusive  use  of  the  persons  living 
in  such  room  or  apartment,  unless  a  license  for  the  tenement  house 
has  been  issued  by  the  commissioner  under  section  two  hundred 
and  sixty -four. 

§  253.  Manufacturing  of  certain  articles  in  tenements  pro- 
hibited. No  article  of  food}  no  dolls  or  dolls  clothing  and  no 
article  of  children's  or  infants'  wearing  apparel  shall  be  manu- 
factured for  a  factory,  either  directly  or  through  one  or  more 
contractors  or  other  third  persons,  in  uny  apartment  of  a  tenement 
house  if  any  part  of  such  apartment  is  used  for  living  purposes. 

§  254-  Work  in  cellars  prohibited.  No  articles  shall  be  manu-  f 
factured  in  a  cellar  of  a  tenement  house  which  is  more  than  one- 
half  of  its  height  below  the  level  of  the  curb  or  ground  outside  of 
or  adjoining  the  same,  unless  a  certificate  of  exemption  has  been 
issued  under  chapter  four  hundred  and  sixty-three  and  chapter 
seven  hundred  and  ninety-seven  of  the  laws  of  nineteen  hundred 
and  thirteen. 

§  255.  Prohibition  of  manufacturing  by  persons  other  than 
members  of  the  family.  No  person  shall  manufacture  any  articles 
in  any  room,  or  apartment  of  a  licensed  tenement  house  unless  he 
is  a  member  of  a  family  living  in  such  room  or  apartment  wnd 
himself  resides  therein.  This  section  does  not  apply  to  shops  of 
dressmakers  on  the  ground  or  second  floor  dealing  solely  in  the 
customs  trade  direct  to  the  consumer,  if  the  whole  number  of  per- 
sons living  or  working  therein  does  not  exceed  one  to  each,  one 
thousand  cubic  feet  of  air  space,  if  no  children  under  fourteen 
years  of  age  live  or  work  therein  and  if  u  permit  for  the  employ- 
ment of  such  persons  has  been  issued  under  section  two  hundred 
and  sixty-five. 

§  256.  Cleanliness  and  ventilation.  Every  licensed  tenement 
house  and  all  parts  thereof  shall  be  kept  in  a  clean  and  sanitary 
condition  and  every  room  in  which  articles  are  manufactured  shall 
be  properly  lighted  and  ventilated  and  shall  contain  at  least  five 
hundred  cubic  feet  of  air  space  for  every  person  working  therein. 
All  articles  manufactured  therein  shall  be  kept  clean  and  free 
from  vermin  and  all  matter  of  an  infectious  or  contagious  nature. 

§  257.  Articles  not  to  be  manufactured  in  tene>ments  in  which 
there  is  disease.  No  articles  shall  be  manufactured  in  any  room  or 
apartment  of  tenement  house  in  which  room  or  apartment  there  is 


560         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

or  has  been  any  infectious,  contagious  or  communicable  disease 
until  such  time  as  the  local  department  or  board  of  health  certifies 
to  the  commissioner  that  such  disease  has  terminated)  and 
that  the  room  or  apartment  has  been  properly  disinfected,  if  disin- 
fection after  such  disease  is  required  by  the  local  ordinances,  or 
by  the  rules  or  regulations  of  such  department  or  board. 

§  258.  Articles  unlawfully  manufactured  not  to  be  sold.  No 
person  shall  sell  or  expose  for  sale  any  articles  manufactured  in 
a  tenement  house  contrary  to  the  provisions  of  this  chapter. 

§  259.  Articles  unlawfully  manufactured  to  be  labeled.  If  the 
commissioner  finds  any  articles  manufactured  in  a  tenement  house 
contrary  to  the  provisions  of  this  article  or  of  section  one  hundred 
and  five  of  this  chapter,  he  shall  affix  to  such  articles  a  label  con- 
taining the  words  "  tenement  made/'  If  the  label  is  affixed  because 
of  the  existence  of  any  disease  in  such  tenement  house,  he  shall  im- 
mediately notify  the  local  board  of  health  ivhich  shall  disinfect 
such  articles  and  after  disinfection  remove  the  label.  If  the  label 
is  affixed  for  the  violation  of  any  provision  other  than  that  relat- 
ing to  disease,  the  commissioner  may  seize  and  destroy  such 
articles  unless  the  owner  thereof  shall  remove  the  cause  of  the 
violation  within  thirty  days  after  notice  of  such  seizure  is  given 
by  the  commissioner. 

§  260.  Register  of  persons  to  whom  work  is  given:  Identifica- 
tion label.  Every  employer  conducting  a  factory  from  which 
articles  or  materials  are  given  out  to  be  manufactured  in  a  tene- 
ment house  shall  keep  a  register  of  the  names  and  addresses  of 
the  persons  to  whom  such  articles  or  materials  are  given  and  shall 
issue  with  all  such  articles  or  materials  a  label  bearing  the  name 
and  place  of  business  of  such  factory  written  or  printed  in  English. 
Such  label  shall  be  exhibited  on  the  demand  of  the  commissioner 
at  any  time  while  such  articles  or  materials  remain  in  the  tenement 
house. 

§  261.  Manufacturing  in  unclean  tenements  prohibited.  When- 
ever the  commissioner  finds  that  any  articles  are  manufactured 
in  any  room  or  upartment  of  a  tenement  house  which  is  habitually 
kept  in  a  filthy  condition,  he  may  affix  to  the  entrance  door  of  such 
apartment  a  notice  calling  attention  to  such  facts  and  prohibiting 
(he  manufacture  of  any  articles  therein.  No  person,  except  an 
authorized  representative  of  the  department,  shall  remove  or  de- 
face any  such  notice. 


PROPOSED  1\[.<  <>m  i  ICATIO.N  OK  TIIK   LAHOK  LAW.         561 


§  262.  Owners  of  tenement  houses  not  to  permit  the  unlawful 
use  thereof.  The  owner  or  agent  of  u  tenement  house  shall  not 
permit  the  use  thereof  for  the  purpose  of  manufacturing  any 
article  therein  contrary  to  the  provisions  of  this  article.  If  a  room 
or  apartment  of  a  tenement  house  is  so  unlawfully  used,  the  com- 
missioner shall  serve  a  notice  thereof  upon  the  owner  or  agent. 
Unless,  within  fifteen  days  after  the  service  of  the  notice,  such 
owner  or  agent  causes  such  unlawful  use  to  be  discontinued  or  in- 
stitutes and  faithfully  prosecutes  proceedings  for  dispossession  of 
the  occupant  who  unlawfully  uses  such  tenement  house,  he  shall 
be  deemed  guilty  of  a  violation  of  this  article  as  if  he,  himself, 
were  engaged  in  such  unlawful  use.  Such  unlawful  use  by  the 
occupant  of  a  tenement  house  shall  be  a  cause  for  dispossession  of 
such  occupant,  by  summary  proceedings  to  recover  possession  of 
real  property  as  provided  in  the  code  of  civil  procedure. 


?.  Powers  and  duties  of  boards  of  health.  The  local  health 
department  or  board  in  every  city,  town  and  village  whenever 
there  is  any  infectious,  contagious  or  communicable  disease  in  a 
tenement  house  shall  cause  an  inspection  of  such  tenement  house 
to  be  made  within  forty-eight  hours.  If  any  articles  are  found  to 
bz  manufactured,  or  in  process  thereof  in  an  apartment  in  which 
such  disease  exists,  such  board  shall  issue  such  order  as  the  public 
health  may  require,  and  shall  at  once  report  such  facts  to  the 
commissioner.  Such  board  may  condemn  and  destroy  all  infected 
articles  manufactured  or  in  the  process  of  manufacture  under 
unclean  or  unhealthful  conditions.  The  local  health  department 
or  board  or  other  appropriate  authority  charged  with  the  duty  of 
sanitary  inspection  of  such  houses  in  every  city,  town  and  village 
shall,  when  so  requested  by  the  commissioner,  furnish  comes  of 
its  records  as  to  the  presence  of  infectious,  contagious  or  com- 
municable disease,  or  of  unsanitary  conditions  in  said  houses; 
and  shall  furnish  such  other  information  as  may  be  necessary  to 
enable  the  commissioner  to  carry  out  the  provisions  of  this  article. 

§  264-  Issuance  of  tenement  house  licenses.  1.  An  application 
for  a  license  to  permit  the  use  of  a  tenement  house  for  manufactur- 
ing shall  be  made  to  the  commissioner  by  the  owner  of  the  tene- 
ment house  or  his  duly  authorized  agent.  Such  application  shall 
be  made  upon  blanks  prepared  and  furnished  by  the  commissioner 
and  shall  state  the  location  of  the  house,  the  number  of  apartments 
in  such  house  and  the  name  and  address  of  the,  owner. 


562         PROPOSED  RECODIFICATION'  OF  THE  LABOR  LAW. 

2.  Before  issuing  a  license,  the  commissioner  shall  consult  the 
records    of    the    local    health    department    or    board    and    other 
appropriate  local  authority  charged  with  the  duty  of  sanitary  in- 
spection of  such  tenements.    If  such  records  show  the  presence  of 
any  infectious,  contagious  or  communicable  disease,  or  any  un- 
sanitary condition  in  such  tenement  house,  the  commissioner  shall 
refuse  to  issue  such  license  until  such  records  show  that  the  tene- 
ment house  is  free  therefrom.     Before  issuing  such  license,  the 
commissioner  shall  also  inspect  the  tenement  house  sought  to  be 
licensed.    If  the  commissioner  finds  that  such  tenement  house  con- 
forms to  all  thz  requirements  of  this  article  and  if  the  records  of 
the  local  health  department  or  board  or  other  appropriate  local 
authority  show  the  existence  of  no  infectious,  contagious  or  com- 
municable disease  or  unsanitary  condition,  he  shall  grant  a  license. 

3.  Such  license  may  be  revoked  by  the  commissioner  if,  in  his 
opinion,  the  provisions  of  this  article  or  of  section  one  hundred  and 
five  of  this  chapter  have,  since  the  issuance  of  the  license,  been 
or  are  being  violated.    Whenever  a  license  is  revoked  or  denied  by 
the  commissioner,  the  reasons  therefor  shall  be  stated  in  writing 
and  filed  in  his  office.     Where  a  license  is  revoked,  a  new  license 
must  be  obtained  before  such  tenement  house  can  again  be  used 
for  the  purposes  for  which  a  license  is  required. 

§  265.  Dressmakers'  permit.  Before  issuing  a  permit  to  a  dress- 
maker us  provided  in  section  two  hundred  and  fifty-five  the  com- 
missioner shall  inspect  the  premises  for  which  a  permit  is  sought 
and  if  he  finds  that  such  place  conforms  to  all  the  requirements 
of  this  article,  he  shall  issue  a  permit  therefor.  Such  permit  may 
be  revoked  by  the  commissioner  if  there  exists  any  violation  of  the 
provisions  of  this  article  or  of  section  one  hundred  and  five  of 
this  chapter. 

§  266.  Permit  to  give  out  goods  to  a  tenement  house.  No  person 
shall  hire,  employ  or  contract  with  any  person  to  manufacture 
any  articles  in  any  room  or  apartment  of  a  tenement  house  which 
is  not  licensed  as  provided  in  thi-s  article.  No  articles  or  materials 
shall  be  given  out  to  be  manufactured  in  any  tenement  house  for 
a  factory  unless  the  employer  conducting  such  factory  has  a  permit 
to  give  out  such  articles  or  materials  to  such  tenement  house.  Be- 
fore issuing  a  permit,  the  commissioner  shall  consult  the  records 
of  the  local  health  department  or  board  and  if  such  records  show 
the  presence  in  such  tenement  house  of  any  infectious,  contagious 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         563 

or  communicable  disease  or  if  such  tenement  house  is  not  licensed, 
lie  shall  refuse  to  issue  a  permit.  Such  permit  may  be  revoked 
by  the  commissioner  if  he  finds  any  infectious,  contagious  or  com- 
municable disease  existing  in  any  room  or  apartment  of  a  tene- 
ment house  for  which  a  permit  has  been  issued  and  whenever  a 
license  for  a  tenement  house  is  revoked  by  the  commissioner  he 
shall  immediately  revoke  all  permits  that  have  been  issued  for 
such  tenement  house. 

[ARTICLE  XII. 

EMPLOYMENT  OF  WOMEN  AND  CHILDREN  IN  MERCANTILE 
ESTABLISHMENTS. 

Section  160.  Application  of  article. 

161.  Hours  of  labor  of  minors. 
161-a.  Hours  of  labor  of  messengers. 

162.  Employment  of  children. 

163.  Employment  certificate;  how  issued. 

164.  Contents  of  certificate. 

165.  School  record,  what  to  contain. 

166.  Supervision  over  issuance  of  certificates. 

167.  Registry  of  children  employed. 

168.  Washrooms  and  waterclosets. 

169.  Lunch  rooms. 

170.  Seats  for  women  in  mercantile  establishments. 

171.  Employment  of  women  and  children  in  basements. 

172.  Enforcement  of  article. 

173.  Laws  to  be  posted.] 

ARTICLE  IS. 

MERCANTILE  ESTABLISHMENTS. 
TITLE  I.     SANITATION. 

Section  300.  Cleanliness  of  rooms. 

801.  Cleanliness  of  buildings. 
Drinking  water. 
Washrooms. 
304'  Dressing  rooms. 
805.  Lunchrooms. 

306.  Water  closets. 

307.  Ventilation. 

308.  Employment  of  children  and  females  in  basements. 


56-i         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 
TITLE  11.     FIRE  HAZARD. 

Section  815.  Smoking  prohibited. 

TITLE  I.     SANITATION. 

§  800.  Cleanliness  of  rooms.  Every  room  in  a  mercantile  es- 
tablishment and  the  floor,  walls,  ceilings,  windows  and  every  other 
part  thereof  and  all  fixtures  therein  shall  at  all  times  be  kept  in  a 
clean  and  sanitary  condition.  Floors  shall,  at  all  times,  be  main- 
tained in  a  safe  condition-  Suitable  receptacles  shall  be  provided 
and  used  for  the  storage  of  waste  and  refuse;  such  receptacles 
shall  be  maintained  in  a  sanitary  condition. 

§  SOI.  Cleanliness  of  buildings.  Every  part  of  a  building  in 
which  a  mercantile  establishment  is  located  and  of  the  premises 
thereof  and  the  yards,  courts,  passages,  areas  or  alleys  connected 
with  or  belonging  to  the  same,  shall  be  kept  free  from  any  accumu- 
lation of  dirt,  filth,  rubbish  or  garbage.  The  roof,  passages,  stairs, 
halls,  basements,  cellars,  privies,  water  closets,  and  all  other  parts 
of  such  building  and  the  premises  thereof  shall  at  all  times  bekept 
in  a  clean,  sanitary  and  safe  condition.  The  entire  building  and 
premises  shall  be  well  drained  and  the  plumbing,  cesspools  and 
drains  thereof  at  all  times  kept  in  .proper  repair  and  in  a  sanitary 
condition. 

§  802.  Drinking  water.  In  every  mercantile  establishment 
there  shall  be  provided  at  all  times  for  the  use  of  employees,  a  suffi- 
cient supply  of  clean  and  pure  drinking  water.  Such  water  shall 
be  supplied  through  proper  pipe  connections  with  water  mains 
through  which  is  conveyed  the  water  used  for  domestic  purposes, 
or,  from  a  spring  or  well  or  body  of  pure  water.  If  such  drinking 
water  be  placed  in  receptacles  in  the  mercantile  establishment, 
such  receptacles  shall  be  properly  covered  to  prevent  contamina- 
tion and  shall  be  thoroughly  cleaned  at  frequent  intervals. 

§  303.  Washrooms  and  washing  facilities.  In  every  mercantile 
establishment  there  shall  be  provided  and  maintained  for  the  use 
of  employees  adequate  and  convenient  washrooms,  or  washing 
facilities.  Such  washing  facilities  shall  consist  of  sinks  or  sta- 
tionary basins  provided  with  running  water  or  with  tanks  holding 
an  adequate  supply  of  clean  water  and  shall  be  separate  for  eacli 
sex  wherever  required  by  the  rules  of  the  industrial  board.  Every 
washroom  shall  be  provided  with  adequate  means  of  ventilation 
and  heating  and  artificial  illumination. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         565 

§  304-  Dressing  rooms.  In  every  mercantile  establishment 
where  more  than  jive  women  are  employed  a  sufficient  num- 
ber of  dressing  rooms  conveniently  located  shall  be  provided  for 
their  use.  Each  dressing  room  shall  be  properly  ventilated  by 
a  window  or  by  suitable  ducts  leading  to  the  outer  air  and  shall 
be  enclosed  by  .partitions  or  walls.  Each  dressing  room  shall  be 
provided  with  adequate  means  for  artificial  illumination,  suitable 
means  for  hanging  clothes  and  a  suitable  number  of  seats  and 
shall  be  properly  heated  and  ventilated.  Each  dressing  room  shall 
be  separated  from  any  water  closet  compartment  by  adequate  par- 
titions. Adequate  floor  space  shall  be  provided  in  dressing  rooms 
in  proportion  to  the  number  of  employees.  Where  more  than  ten 
women  are  employed  such  dressing  room  shall  have  a  floor  space 
of  not  less  than  sixty  square  feet  and  shall  have  at  least  one 
window  opening  to  the  outer  air. 

§  305.  Lunchrooms.  No  lunchroom  in  any  mercantile  estab- 
lishment where  females  are  employed  shall  be  next  to  or  adjoining 
the  water  closets,  unless  a  permit  therefor  is  granted  by  the  com- 
missioner. Such  permit  shall  be  granted  unless  proper  sanitary 
conditions  do  not  exist,  and  it  may  be  revoked  at  any  time  if  the 
lunchroom,  is  kept  in  such  a  manner  or  is  so  located  as  to  be 
injurious  to  the  health  of  the  employees. 

§  306.  Water  closets.  1.  There  shall  be  provided  for  every 
mercantile  establishment  a  sufficient  number  of  suitable  and  con- 
venient water  closets.  All  water  closets  shall  be  maintained  inside 
the  mercantile  establishment  except  where,  in  the  opinion  of  the 
commissioner,  it  is  impracticable  to  do  so. 

2.  There  shall  be  separate  water  closet  compartments  or  toilet 
rooms  for  females,  to  be  used  by  them  exclusively,  and  notice  to 
that  effect  shall  be  clearly  marked  at  the  entrance  of  such  com- 
partments or  rooms.  The  entrance  to  every  water  closet  shall  be 
effectively  screened  by  a  partition  or  vestibule.  Where  water 
closets  for  males  and  females  are  in  adjoining  compartments  or 
toilet  rooms,  there  shall  be  partitions  of  substantial  construction 
between  the  compartments  or  rooms  extending  from  the  floor  to 
the  ceiling  and  such  partitions  shall  be  plastered  or  metal  covered 
to  a  sufficient  height.  Whenever  any  water  closet  compartments 
open  directly  into  the  workroom  exposing  the  interior,  they  shall 
"be  screened  from  view  by  a  partition  or  a  vestibule.  The  use  of 
curtains  for  screening  purposes  is  prohibited. 


566         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

3.  The  use  of  any  form  of  trough  water  closet,  latrine  or  school 
sink  within  any  mercantile  establishment  is  prohibited  except 
•fixtures  in  existence  on  the  first  day  of  October,  nineteen  hundred 
and  fourteen,  having  a  common  flushing  system  and  approved  by 
the  industrial  board  in  its  rules.    All  such  trough  water  closets, 
latrines  or  school  sinks  shall,  before  the  first  day  of  October,  nine- 
teen hundred  and  fifteen,  be  completely  removed  and  the  place 
where  they  were  located  properly  disinfected  under  the  direction 
of  the  department. 

4.  Every  water  closet  installed  before  October  first,  nineteen 
hundred  and  fourteen,  inside  any  mercantile  establishment  shall 
have  a  basin  of  enameled  iron  or  earthenware,  and  shall  be  flushed 
fr&m  a  separate  water-supplied  cistern  or  through  a  proper  valve 
connected  in  such  manner  as  to  keep  the  water  supply  of  the 
establishment  free  from  contamination. 

5.  All  woodwork  enclosing  water  closet  fixtures  shall  be  re- 
moved from  the  front  of  the  closet  and  the  space  underneath  the 
seat  shall  be  left  open.    All  water  closet  compartments  or  toilet 
rooms  constructed   before   October  first,  nineteen  hundred  and 
fourteen,  shall  have  windows  opening  directly  to  the  outer  air  or 
shall  be  otherwise  properly  ventilated  to  the  outer  air  by  suitable 
ducts  and  shall  be  provided  with  means  for  artificial  illumination. 

6.  All  water  closets,  urinals,  water  closet  compartments  and 
toilet  rooms  hereafter  installed  in  a  mercantile   establishment, 
including  those  provided  to  replace   existing  fixtures,  shall  be 
properly  constructed,  installed,  ventilated,  lighted  and  maintained 
in  accordance  with  such  rules  as  may  be  adopted' by  the  indus- 
trial board. 

7.  All  water  closet  compartments  and  toilet  rooms,  and  the 
floors,  walls,  ceilings  and  surface  thereof,  and  all  fixtures  therein, 
and  all  water  closets  and  urinals  shall  at  all  times  be  maintained  in 
a  clean  and  sanitary  condition.    The  floor  or  other  surface  beneath 
and  around  the  closet  shall  be  maintained  in  good  order  and 
repair  and  all  the  woodwork  shall  be  kept  well  painted  with  a  light 
colored  paint.     The  enclosure   of  each  compartment  and  toilet 
room  shall  be  kept  free  from  obscene  writing  or  marking.     Where 
the  water  supply  to  water  closets  or  urinals  is  liable  to  freeze,  the 
water  closet  compartment  shall  be  properly  heated  so  as  to  pre- 
vent freezing,  or  the  supply  and  flush  pipes,  cisterns  and  traps 
and  valves  shall  be  effectively  covered  with  wool  felt  or  hair  felt, 
or  other  adequate  covering. 


PROPOSED  EECODIFICATION  OF  THE  LABOR  LAW.         567 

§  307.  Ventilation.  Every  mercantile  establishment  shall  be 
provided  with  proper  and  sufficient  means  of  ventilation  by  natu- 
ral or  mechanical  means  or  both,  as  may  be  necessary  and  there 
shall  be  maintained  therein  proper  and  sufficient  ventilation  and 
proper  degrees  of  temperature  and  humidity  at  all  times  during 
working  hours.  The  industrial  board  shall  make  rules  for  and 
fix  standards  of  ventilation,  temperature  and  humidity  in  mer- 
cantile establishments. 

§  308.  Employment  of  children  and  females  in  basements. 
No  child  under  the  age  of  sixteen  years  nor  any  female  shall  be 
employed  in  the  basement  of  a  mercantile  establishment  unless 
a  permit  therefor  is  granted  by  the  commissioner.  Such  permit 
shall  be  granted  unless  the  basement  is  not  sufficiently  lighted  and 
ventilated  and  is  not  in  a  sanitary  condition, 

TITLE    II. 

FIRE  HAZARD. 

§  315.  Smoking  prohibited.  No  person  shall  smoke  in  any 
mercantile  establishment  in  which  more  than  ten  persons  are 
employed  except  in  a  fireproof  enclosed  room  set  aside  for  that 
purpose.  A  notice  of  such  prohibition  statmg  the -penalty  for 
violation  thereof  shall  be  posted  in  every  entrance  hall.,  elevator 
car,  stair-hall  and  room  of  a  mercantile  establishment  in  English 
and  also  in  such  other  language  as  the  fire  commissioner  of  the 
city  of  New  York  in  such  city,  and  elsewhere,  the  state  fire 
marshal,  shall  direct.  The  fire  commissioner  of  the  city  of  New 
York  in  such  city,  and  elsewhere,  the  state  fire  marshal  shall  en- 
force this  section.  Such  notices  shall  be  furnished  by  the  officer 
charged  with  the  enforcement  of  this  section  and  shall  not  be  re- 
moved without  his  consent. 

[ARTICLE    IX.  MINES,   TUNNELS   AND    QUARRIES   AND   THEIR   IN- 

SPECTION. 

Section  119.  Protection  of  employees  in  mines,  tunnels  and  quar- 
ries. 

120.  Duties  of  commissioner  of  labor  relating  to  mines, 

tunnels  and  quarries ;  record  and  report. 

121.  Outlets  of  mines. 

122.  Ventilation  and  timbering  of  mines  and  tunnels. 


568         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

123.  Riding  on  loaded  cars;  storage  of  inflammable  sup- 

plies. 

124.  Inspection  of  steam  boilers  and  apparatus;  steam, 

air  and  water  gauges. 

125.  Use  of  explosives;  blasting. 

126.  Report  of  accidents. 

127.  Notice  of  dangerous  condition. 

128.  Traveling  ways. 

129.  Notice  of  opening  new  mine,  shaft  or  quarry. 

130.  Notice  of  abandonment. 

131.  Employment  of  women  and  children. 

132.  Underground  workings  to  be  equipped  with  head 

house  and  doors. 

133.  Mines  and  tunnels  to  be  equipped  with  wash-rooms. 

134.  Method  of  exploding  blasts. 
134-a.  Hours  of  labor. 

134-b.  Medical  attendance  and  regulations. 
134-c.  Penalties. 

134-d.    [Air  pipes  in  tunnels  and  caissons.] 
134-e.    [Electric  lights  in  tunnels  and  caissons.] 

135.  Enforcement  of  article. 

136.  Admission  of  inspectors  to  mines  and  tunnels.] 

ARTICLE  XIV. 

MINES,   TUNNELS  AND   QUARRIES;  EMPLOYMENT  IN   COMPRESSED 

AIR. 
TITLE  I.    MINES,  TUNNELS  AND  QUARRIES. 

Section  380.  Notice  of  opening  new  mine,  tunnel  or  quarry. 

331.  Notice  of  discontinuance  or  abandonment. 

332.  Outlets  of  mines. 

333.  Traveling  ways  in  mines. 
334-  Head  house  and  trap-doors. 

335.  Timbering  of  mines  and  tunnels. 

336.  Ventilation  of  mines  and  tunnels. 

337.  Boilers  for  mining  and  tunneling;  inspection  a  HI  I 

equipment. 

338.  Safety  of  apparatus. 

339.  Riding  on  loaded  cars,  cages  or  buckets. 

340.  Use  of  explosives;  blasting. 
341-  Storage  of  inflammable  supplies. 

342.  Wash-rooms. 

343.  Responsibility  for  compliance. 


PROPOSKD  RECODIFK  ATIOX  OF  TJJE  LABOR  LAW.          569 

TITLE  II.  EMPLOYMENT  IN  COMPRESSED  AIR. 

850.  Definition. 

351.  Equipment. 

852.  Medical  officers  and  nurses. 

858.  Physical  examinations. 

354-  Record  of  physical  examinations. 

855.  Employment  of  certain  persons  prohibited. 

856.  Hours  of  labor. 

357.  Rate  and  time  of  decompression. 

TITLE  /.    MINES,  TUNNELS  AND  QUARRIES. 

§  |[129]  380.  Notice  of  opening  new  mine,  [shaft]  tunnel 
or  quarry.  [Whenever  a]  Every  [mine  or  quarry]  operator, 
who  is  '[has]  engaged  or  [is]  about  to  engage  in  [the  develop- 
ment of  new  industries  by  the  sinking  of]  opening  new  shafts,  in- 
clines, tunnels  or  quarries,  [he]  shall  report  to  the  commissioner 
[of  labor],  giving  the  name  of  the  owner  [or  owners,]  and  the 
location  of  the  property  before  the  work  of  excavation  [shall  have] 
has  reached  the  depth  of  twenty-five  feet. 

§  [130]  881.  Notice  of  discontinuance  or  abandonment.  [It 
shall  be  the  duty  of  eJEVery  [mine  or  quarry]  operator  [to  notify 
i  lie  commissioner  of  labor  of  the]  who  permanently  discontinu- 
[ance]es  or  abandon[ment]s  [of]  any  mine,  tunnel  or  quarry 
[when  and  in  the  event  that  such  mine  or  quarry  shall  be  closed 
permanently  or  abandoned.]  shall  notify  the  commissioner  thereof 
immediately  after  such  discontinuance  or  abandonment. 

§  [121]  332.  Outlets  of  mines.  [If,  in  the  opinion  of  the 
commissioner  of  labor  it  is  necessary  for  safety  of  employees,  the] 
Every  [owner,  operator  or  superintendent  of  a]  mine,  operating 
through  either  a  vertical  or  inclined  shaft,  or  a  horizontal  tunnel, 
shall  [not  employ  any  person  therein  unless  there  are  in  connec- 
tion with  the  subterranean  workings  thereof]',  if  the  commissioner 
finds  it  is  necessary  for  the  safety  of  the  employees  and  issues  an 
order  to  that  effect,  be  provided  with  not  less  than  two  openings 
or  outlets,  at  least  one  hundred  and  fifty  feet  apart,  and  connected 
with  the  subterranean  workings  and  with  each  other  and  no  per- 
son shall  be  employed  in  the  mine  until  such  openings  or  outlets 
have  been  provided.  [Such]  The  openings  or  outlets  shall  be  so 
constructed  as  to  provide  at  all  times  safe  and  [distinct  means  of 
ingress  and  egress  from  and  to  the  surface,  at  all  times,  for  the 


570         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

use  of  the  employees  of  such  mine.]  separate  passageways  between 
the  subterranean  workings  and  the  surface. 

§  [128]  333.  Traveling  ways  in  mines.  In  [all]  every 
mine[s]  there  shall  be  cut  out  of  or  around  the  sides  of  every 
hoisting  shaft,  or  driven  through  the  solid  strata  at  the  bottom 
thereof,  a  traveling  way  not  less  than  five  feet  high  and  three  feet 
wide  to  enable  persons  to  pass  the  shaft  in  going  from  one  side 
to  the  other  without  passing  over  or  under  or  in  the  way  of  the 
cage  or  other  hoisting  apparatus. 

§  |[132]  334.  [Underground  workings  to  be  equipped  with 
hj.ffead  house  and  trapdoors.  Every  underground  working 
where  the  depth  exceeds  forty  feet  shall  be  equipped  with  a  proper 
head  house  and  trapdoors. 

§  335.  Timbering  of  mines  and  tunnels.  Every  mine  and 
tunnel  shall  be  properly  timbered,  and  the  roof  and  sides  of  each 
working  place  therein  properly  secured.  No  person  shall  be  em- 
ployed in  an  unsafe  place  in  a  mine  or  tunnel  except  to  make  it 
safe. 

§  '[122]  336.  Ventilation  [and  timbering]  •  of  mines  and  tun- 
nels. In  [each]  every  mine  [or]  and  tunnel  a  ventilating  cur- 
rent shall  be  conducted  and  circulated  along  the  face  of  all  work- 
ing places  and  through  the  roadways  therein  in  sufficient  [quanti- 
ties] volume  to  insure  the  safety  of  employees  and  to  remove 
smoke  and  noxious  gases. 

[Each  owner,  agent,  manager  or  lessee  of  a  mine  or  tunnel 
shall  cause  it  to  be  properly  timbered,  and  the  roof  and  sides  of 
each  working  place  therein  properly  secured.  ~No  person  shall  be 
required  or  permitted  to  work  in  an  unsafe  place  or  under  danger- 
ous material,  except  to  make  it  secure.] 

§  '[124]  337.  [Inspection  of  steam  boilers  and  apparatus; 
steam,  air  and  water  gauges.]  Boilers  for  mining  and  tunneling; 
inspection  and  equipment.  [All]  Every  boiler[s,]  used  in  gen- 
erating steam  for  mining  or  tunneling  purposes  shall  be  kept  in 
good  order,  and  the  owner,  agent,  manager  or  lessee  of  such  mine 
or  tunnel  shall  |[have  such  boilers]  cause  them  to  be  inspected  at 
least  once  in  every  six  months  by  a  competent  person  [,]  approved 
by  the  commissioner  [of  labor,  once  in  six  months],  and  shall  file 
a  certificate  j[showing  the  result  thereof]  in  the  mine  or  tunnel 
office  and  a  duplicate  [thereof]  in  the  office  of  the  commissioner 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         571 

[of  labor]  showing  the  result  of  each  such  inspection.  [All  en- 
gines, brakes,  cages,  buckets,  ropes  and  chains  shall  be  kept  in 
good  order  and  inspected  daily  by  the  superintendent  of  the  mine 
or  tunnel  or  a  person  designated  by  him.  All  lifts,  hoists,  ropes 
and  other  mechanical  devices  shall  be  properly  designed  and 
maintained  to  sustain  the  weight  intended  to  be  placed  thereon 
or  suspended  therefrom,  such  factors  of  safety  being  used  as  are 
generally  accepted  as  sufficient  by  competent  engineers,  and  all 
cars  and  lifts  shall  be  supplied  with  safety  brakes.  All  hoisting 
ropes  shall  at  all  times  be  of  a  breaking  strength  of  not  less  than 
five  times  the  gross  load  suspended  from  them,  including  weight 
of  rope  itself.  Each]  Every  boiler  or  battery  of  boilers  so  used 
[in  mining  or  tunneling  for  generating  steam,]  shall  be  provided 
with  ][a]  proper  safety  valves  and  with  proper  steam  and  water 
gauges[,  to  show,  respectively,  the  pressure  of  steam  and  the 
height  of  water  in  the  boilers].  Every  boiler  house  in  which 
a  boiler  or  [nest]  lattery  of  boilers  is  placed,  shall  be  provided 
with  a  steam  gauge  properly  connected  with  the  boilers|[,  and 
another].  A  steam  gauge  shall  be  attached  to  the  steam  pipe  in 
the  engine  house,  and  so  placed  that  the  engineer  or  fireman  can 
readily  ascertain  the  steam  pressure  [carried.  Every  tunnel  in 
which  men  are  working  under  artificial  air  pressure  shall  be  fur- 
nished with  properly  equipped  and  placed  gauges  capable  at  all 
times  of  showing  the  weight  or  pressure  of  air  in  said  tunnel,  and 
said  gauge  shall  at  all  times  during  working  hours  be  accessible  to 
all  persons  working  on  said  tunnel]. 

§  338.  Safety  of  apparatus.  All  engines,  brakes,  cages,  buck- 
ets, ropes  and  chains  shall  be  kept  in  good  order  and  inspected 
daily  by  the  superintendent  of  the  mine  or  tunnel  or  a  competent 
person  designated  by  him.  All  lifts,  hoists,  ropes  and  other 
mechanical  devices  shall  be  properly  designed  and  maintained  to 
sustain  the  weight  intended  to  be  placed  thereon  or  suspended 
therefrom,  such  factors  of  safety  being  used  as  ure  generally  ac- 
cepted as  sufficient  by  competent  engineers.  All  hoisting  ropes 
sliall  at  all  times  be  of  a  breaking  strength  of  not  less  than  five 
times  the  gross  load  suspended  from  them,  including  the  weight 
of  the  rope  itself.  All  cars  and  lifts  shall  be  equipped  with  safety 
brakes. 

§  [123J-33P.  Riding  on  loaded  cars[;],  cages  or  buckets. 
[storage  of  inflammable  supplies.]  No  person  shall  ride  or  be 


572         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

permitted  to  ride  on  any  loaded  car,  cage  or  bucket  into  or  out  of 
a  mine  or  into  or  out  of  a,  tunnel  in  process  of  construction. 
[No  powder  or  oils  of  any  description  shall  be  stored  in  a  mine, 
tunnel  or  quarry,  or  in  or  around  shafts,  engine  or  boiler-houses, 
and  all  supplies  of  an  inflammable  and  destructive  nature  shall  be 
stored  at  a  safe  distance  from  the  mine  or  tunnel  openings.] 

§  [125]  340.  Use  of  explosives;  blasting.  When  high  explo- 
sives other  than  gunpowder  are  used  in  a  mine,  tunnel  or  quarry, 
the  manner  of  storing,  [keeping,]  moving,  charging  and  firing,  or 
in  any  manner  using  such  explosives,  shall  be  in  accordance  with 
rules  prescribed  by  the  [commissioner  of  labor]  industrial  board. 
In  charging  holes  for  blasting,  in  slate,  rock  or  ore  in  any  mine, 
tunnel  or  quarry,  no  iron  or  steel  pointed  needle  or  tamping  bar 
shall  be  used,  unless  the  end  thereof  is  tipped  with  at  least  six 
inches  of  copper  or  other  soft  material.  ~No  person  shall  be  em- 
ployed to  blast  unless  the  [mine  or  tunnel]  superintendent  or  per- 
son having  charge  of  such  mine,  [or]  tunnel  or  quarry  is  satisfied 
that  [he]  such  person  is  qualified,  by  experience,  to  perform  the 
work  with  ordinary  safety.  [When]  Before  such  a  blast  is  [about 
to  be]  fired  [in  a  mine  or  tunnel,]  the  person  in  charge  of  the 
work  shall  give  timely  notice  [thereof  shall  be  given  by  the  person 
in  charge  of  the  work,]  to  all  persons  who  may  be  in  danger 
therefrom.  No  blast  shall  be  exploded  by  an  electric  current  of 
more  than  two  hundred  and  fifty  volts. 

§  341.  Storage  of  inflammable  supplies.  No  powder  or  oils  of 
any  description  shall  be  stored  in  a  mine,  tunnel  or  quarry  or  in 
or  around  shafts,  engine  or  boiler  houses,  and  all  supplies  of  an 
inflammable  and  destructive  nature  shall  be  stored  at  a  safe  dis- 
tance from  the  mine  or  tunnel  openings. 


.  [Mines  and  tunnels  to  be  equipped  with  wJWash- 
rooms.  Every  mine,  tunnel  or  quarry  [employing  over  twenty- 
five  men  shall  maintain  a  suitably  equipped  and  heated  washroom, 
which  shall  be  at  all  times  accessible  to  the  men  employed.]  where 
more  than  twenty-five  persons  are  employed  shall  be  provided  with 
a  washroom,  properly  heated  and  equipped,  and  accessible  at  all 
times  to  the  employees. 

§  343.  Responsibility  for  compliance.  Except  as  in  this  title 
otherwise  provided  the  owner,  agent,  lessee,  manager,  operator  and 
superintendent  shall  be  responsible  for  the  observance  of  the  pro- 
visions of  this  title. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         573 
TITLE  II. 

EMPLOYMENT   IN   COMPRESSED   AIR. 

§  350.  Definition.  The  term  "  pressure/'  when  used  in  this 
title,  means  gauge  pressure  in  pounds  per  square  inch. 

[§  134-d.  All  work  in  the  prosecution  of  which  tunnels,  caissons 
or  other  apparatus  or  means  within  which  compressed  air  is  em- 
ployed shall  have  at  least  two  air  pipes  or  lines  connected  at  all 
times  and  in  perfect  working  condition. 

§  134-e.  Wherever  electricity  is  used  as  lighting  apparatus  the 
light  supplied  for  the  shaft  leading  to  the  caisson  or  tunnel  or 
other  apparatus  wherein  the  men  are  actually  at  work  shall  be  sup- 
plied from  a  different  wire  from  the  lights  which  are  located  at 
the  point  wherein  the  men  are  actually  working  under  air.] 

§  351.  Equipment.  Every  employer  carrying  on  any  work  in 
the  prosecution  of  which  persons  are  employed  in  compressed  air 
shall 

1.  Provide  and  attach  the  necessary  instruments  to  all  caissons 
and  air  locks  for  showing  the  air  pressure  to  which  persons  so  em- 
ployed therein  are  subjected,  and  employ  a  competent  person  to 
take  charge  of  such  instruments.     Such  person  shall  not  be  per- 
mitted to  work  more  than  eight  hours  in  any  twenty-four  hours; 

2.  Provide    and    install    properly    equipped    gauges    in    each 
tunnel  for  showing  the  air  pressure  to  which  the  persons  so  em- 
ployed therein  are  subjected.    Such  gauges  shall  be  accessible,  at 
all  times  during  working  hours,  to  all  employees  in  the  tunnel; 

3.  Connect  at  least  two  air  pipes  or  lines  to  each  compartment, 
caisson,  -  tunnel  or  place  where  persons  are  so  employed,  and  keep 
them  so  connected  and  in  perfect  working  condition; 

4.  Provide  a  suitable  ladder  for  the  entire  length  of  every 
shaft  used  in  connection  with  such  work; 

5.  Keep  every  passageway  used  in  connection  with  such  work 
clear  and  properly  lighted; 

6.  Wherever  electricity  is  used  for  lighting,  provide  a  wire  for 
lighting  the  shafts  which  wire  shall  be  separate  from  the  one  used 
for  lighting  the  place  where  the  employees  are  at  work  in  com- 
pressed air; 


574         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

7.  Wherever  electricity  is  not  used  for  lighting,  provide  suit- 
able safeguards  for  nil  lights  used  in  connection  with  such  work; 

8.  Erect  a  shield  in  the  working  chamber  of  every  caisson,  in 
which  persons  are  employed  in  compressed  air,  where  the  working 
chamber  is  less  than  ten  feet  in  length  and  when  the  caisson  is 
suspended  or  hung  while  work  is  in  progress  so  that  the  bottom  of 
the  excavation  is  more  than  nine  fe*st  below  the  deck  of  the  work- 
ing chamber; 

9.  Provide,  for  the  use  of  all  persons  so  employed,  dressing 
rooms  which  shall  be  kept  open  and  nccessible  during  working 
hours  and  during  the  intervals  between  working  periods.     The 
dressing  rooms  shall  be  kept  properly  heated,  lighted  and  venti- 
lated, shall  contain  lockers  and  benches,  baths  with  hot  and  cold 
water,  and  sanitary  water-closets. 

10.  Wherever  the  maximum  air  pressure  in  such  work  exceeds 
seventeen  pounds,  provide  and  maintain  a  properly  equipped  medi- 
cal lock.     Such  lock  shall  be  kept  properly  heated,  lighted  and 
ventilated  and  shall  contain  proper  medical  and  surgical  equip- 
ment. 

[§  134-b.  Medical  attendance  and  regulations.  Any  person  or 
corporation  carrying  on  any  tunnel,  caisson  or  other  work  in  the 
prosecution  of  which  men  are  employed  or  permitted  to  work  in 
compressed  air,  shall,  while  such  men  are  so  employed,  also  em- 
ploy and  keep  in  employment,  one  or  more  duly  qualified  persons 
to  act  as  medical  officer  or  officers  who  shall  be  in  attendance  at 
all  necessary  times  while  such  work  is  in  progress  and  whose  duty 
it  shall  be  to  administer  and  strictly  enforce  the  following : 

(a)  No  person  shall  be  permitted  to  work  in  compressed  air 
until  after  he  shall  have  been  examined  by  such  medical  officer 
and  reported  by  such  officer  to  the  person  in  charge  thereof  as 
found  to  be  qualified,  physically,  to  engage  in  such  work. 

(b)  In  the  event  of  absence  from  work,  by  an  employee  for 
ten  or  more  successive  days  for  any  cause,  he  shall  not  resume 
work  until  he  shall  have  been  re-examined  by  the  medical  officer 
and  his  physical  condition  reported  as  hitherto  provided  to  be  such 
as  to  permit  him  to  work  in  compressed  air. 

(c)  No  person  known  to  be  addicted  to  the  excessive  use  of  in- 
toxicants shall  be  permitted  to  work  in  compressed  air. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         575 

(d)  No  person  not  having  previously  worked  in  compressed 
air  shall  be  permitted  during  the  first  twenty-four  hours  of  his 
employment  to  work  for  longer  than  one-half  of  a  day  period  as 
provided  in  section  one  hundred  and  thirty-four-a  and  after  so 
working  shall  be  re-examined  and  not  permitted  to  work  in  a  place 
where  the  pressure  is  in  excess  of  fifteen  pounds  unless  his  physical 
condition  be  reported  by  the  medical  officer  as  heretofore  pro- 
vided to  be  such  as  to  qualify  him  for  such  work. 

(e)  After  a  person  has  been  employed  continuously  in  com- 
pressed air  for  a  period  of  three  months  he  shall  be  re-examined 
by  the  medical  officer  and  he  shall  not  be  allowed,  permitted  or 
compelled  to  work  until  such  examination  has  been  made  and  he 
has  been  reported  as  heretofore  provided  as  physically  qualified 
to  engage  in  compressed  air  work. 

(f)  The  said  medical  officer  shall  at  all  times  keep  a  complete 
and  full  record  of  examinations  made  by  him,  which  record  shall 
contain  dates  on  which  examinations  were  made  and  a  clear  and 
full  description  of  the  person  examined,  his  age  and  physical  con- 
dition at  the  time  examined,  also  the  statement  as  to  the  time 
such  person  has  been  engaged  in  like  employment. 

(g)  Properly  heated,  lighted  and  ventilated  dressing  rooms 
shall  be  provided  for  all  employees  in  compressed  air  which  shall 
contain  lockers  and  benches  and  shall  be  open  and  accessible  to 
the  men  during  the  intermission  between  shifts.    Such  rooms  shall 
be  provided  with  baths,  with  hot  and  cold  water  service  and  a 
proper  and  sanitary  toilet. 

(h)  A  medical  lock  shall  be  established  and  maintained  in  con- 
nection with  all  work  in  compressed  air  when  the  maximum 
pressure  exceeds  seventeen  pounds  as  herein  provided.  Such  lock 
shall  be  kept  properly  heated,  lighted  and  ventilated  and  shall 
contain  proper  medical  and  surgical  equipment.  Such  lock  shall 
be  in  charge  of  a  certified  trained  nurse  selected  by  the  medical 
officer,  who  shall  be  qualified  to  render  temporary  relief. 

(i)  Whenever  in  the  prosecution  of  caisson  work  in  which  com- 
pressed air  is  employed  the  working  chamber  is  less  than  ten  feet 
in  length  and  when  such  caissons  are  at  any  time  suspended  or 
hung  while  work  is  in  progress  so  that  the  bottom  of  the  excava- 
tion is  more  than  nine  feet  below  the  deck  of  the  working  cham- 
ber, a  shield  shall  be  erected  in  the  working  chamber  for  the  pro- 
tection of  the  workmen. 


576         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

(j)  Whenever  in  the  prosecution  of  work  in  which  compressed 
air  is  employed  a  shaft  is  used,  all  such  shafts  shall  be  provided 
with  a  safe,  proper  and  suitable  ladder  for  its  entire  length. 

(k)  Wherever  in  the  prosecution  of  work  in  tunnels,  caissons 
or  other  apparatus  or  means,  in  which  compressed  air  is 
employed  or  used,  lights  other  than  electric  lights  are  used,  the 
said  lights  shall  at  all  times  be  guarded.  » 

(1)  All  passage  ways  in  work,  wherein  compressed  air  is  em- 
ployed or  used,  shall  be  kept  clear  and  properly  lighted.] 

§  852.  Medical  officers  and  nurses.  Every  employer  carrying  on 
any  work  in  the  prosecution  of  which  persons  are  employed  in  com- 
pressed air  shall: 

1.  Employ  one  or  more  licensed  physicians  as  medical  officers 
who  shall  be  in  attendance  at  all  necessary  times  at  the  place  where 
mch  work  is  in  progress^ 

2.  Wherever  the  maximum  air  pressure  in  such  work  exceeds 
seventeen  pounds,  employ  one  or  more  certified  nurses  who  shall 
be  selected  by  the  medical  officer  and  who  shall  have  charge  of  the 
medical  lock  herein  provided  for. 

§  853.  Physical  examinations.  1.  No  person  shall  be  employed 
in  compressed  air  until  he  has  been  examined  by  the  medical  offi- 
cer and  found  to  be  physically  qualified  therefor. 

2.  No  person  who  has  not  previously  worked  in  compressed 
air  shall;,  during  the  first  twenty-four  hours  of  his  employment,  be 
permitted  to  work  therein  longer  than  one  working  period  as  pro- 
vided in  section  three  hundred  and  fifty-six,  and  he  shall  not  be 
permitted  to  resume  such  work,  if  the  air  pressure  exceeds  fifteen 
pounds,  until  he  has  been  re-examined  by  the  medical  officer  and 
found  to  be  physically  qualified  therefor. 

3.  No  person,  who  is  employed  in  compressed  air  but  who 
has  been  absent  therefrom  for  ten  or  more  consecutive  days  for 
any  cause,  shall  be  permitted  to  resume  such  work  until  he  has 
been  re-examined  by  the  medical  officer  and  found  to  be  physically 
qualified  therefor. 

4.  No  person  who  has  been  employed  continuously  in  com- 
pressed air  for  three  months  shall  be  permitted  to  continue  such 
work  until  he  has  been  re-examined  by  the  medical  officer  and 
found  to  be  physically  qualified  therefor. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         577 

§  334.  Record  of  physical  examinations.  The  medical  officer 
shall  keep  a  record  of  all  physical  examinations  made  in  accord- 
ance with  section  three  hundred  and  fifty-three,  which  record  shall 
l>e  kept  at  the  place  of  employment  and  shall  contain  the  name, 
age,  address  and  full  description  of  each  person  examined,  the 
date  on  which  each  examination  was  made,  and  the  physical  con- 
dition, on  that  date,  of  the  person  examined  and  the  total  time 
such  person  has  worked  in  compressed  air  including  time  in  pre- 
vious employments. 

§  355.  Employment  of  certain  persons  prohibited.  No  person 
known  to  be  addicted  to  the  excessive  use  of  intoxicants  shall  be 
employed  in  compressed  air. 

[§  134-a.  Hours  of  labor.  All  work  in  the  prosecution  of  which 
tunnels,  caissons  or  other  apparatus  or  means  in  which  compressed 
air  is  employed  or  used  shall  be  conducted  subject  to  the  following 
restrictions  and  regulations :  When  the  air  pressure  in  any  compart- 
ment, caisson,  tunnel  or  place  in  which  men  are  employed  is  greater 
than  normal  and  shall  not  exceed  twenty-one  pounds  to  the  square 
inch,  no  employee  shall  be  permitted  to  work  or  remain  therein 
more  than  eight  hours  in  any  twenty-four  hours  and  shall  only  be 
permitted  to  work  under  such  air  pressure  provided  he  shall  during 
such  period  return  to  the  open  air  for  an  interval  of  at  least  thirty 
consecutive  minutes,  which  interval  his  employer  shall  provide  for. 
When  the  air  pressure  in  any  compartment,  caisson,  tunnel  or 
place  in  which  men  are  employed  is  greater  than  normal  and  shall 
equal  twenty-two  pounds  to  the  square  inch  and  does  not  exceed 
thirty  pounds  to  the  square  inch,  no  employee  shall  be  permitted 
to  work  or  remain  more  than  six  hours  in  any  twenty-four 
hours,  such  six  hours  to  be  divided  into  two  periods  of  three  hours 
each  with  an  interval  of  at  least  one  hour  between  each  such  period. 
When  the  air  pressure  in  any  such  compartment,  caisson,  tunnel  or 
place  shall  exceed  thirty  pounds  to  the  square  inch,  and  shall  not 
equal  thirty-five  pounds  to  the  square  inch,  no  employee  shall  be 
pemitted  to  work  or  remain  therein  more  than  four  hours,  such 
four  hours  to  be  divided  into  two  periods  of  two  hours  each,  with 
an  interval  of  at  least  two  hours  between  each  such  period.  When 
the  air  pressure  in  any  such  compartment,  caisson,  tunnel  or  place 
shall  equal  thirty-five  pounds  to  the  square  inch  and  shall  not 
exceed  forty  pounds  to  the  square  inch,  no  such  employee  shall  be 
permitted  to  work  or  remain  therein  more  than  three  hours  in  any 
19 


578         PROPOSED  RKCODIFICATIOX  or  TIIF.  LABOTC  LAW. 

twenty-four  hours,  such  three  hours  to  be  divided  into  periods  of 
not  more  than  one  and  one-half  hours  each,  with  an  interval  of  at 
least  three  hours  between  each  such  period ;  when  the  air  pressure 
in  any  such  compartment,  caisson,  tunnel  or  place  shall  equal 
forty  pounds  to  the  square  inch  and  shall  not  equal  forty-five 
pounds  to  the  square  inch,  no  employee  shall  be  permitted  to  work 
or  remain  therein  more  than  two  hours  in  any  twenty-four  hours, 
such  two  hours  to  be  divided  into  periods  of  not  more  than  one  hour 
each,  with  an  interval  of  at  least  four  hours  between  each  such 
period;  when  the  air  pressure  in  any  such  compartment, 
caisson,  tunnel  or  place  shall  equal  forty-five  pounds  to  the 
square  inch  and  shall  not  exceed  fifty  pounds  to  the  square  inch, 
no  employee  shall  be  permitted  to  work  or  remain  therein  more 
than  ninety  minutes  in  any  twenty-four  hours,  and  such  ninety 
minutes  to  be  divided  into  periods  of  forty-five  minutes  each,  with 
an  interval  of  not  less  than  five  hours  between  each  such  period; 
no  employee  shall  be  permitted  to  work  in  any  compartment, 
caisson,  tunnel  or  place  where  the  pressure  shall  exceed  fifty 
pounds  to  the  square  inch,  except  in  case  of  emergency.  No  per- 
son employed  in  work  in  compressed  air  shall  be  permitted  by  his 
employer  or  by  the  person  in  charge  of  said  work  to  pass  from  the 
place  in  which  the  work  is  being  done  to  atmosphere  of  normal 
pressure,  without  passing  through  an  intermediate  lock  or  stage  of 
decompression,  which  said  decompression  shall  be,  where  the  work 
is  being  done  in  tunnels,  at  the  rate  of  three  pounds  every  two 
minutes  unless  the  pressure  shall  be  over  thirty-six  pounds,  in 
which  event  the  decompression  shall  be  at  the  rate  of  one  pound 
per  minute;  and  which  said  decompression  shall  be,  where  th" 
work  is  being  done  in  caissons,  at  the  following  rates: 

Where  pressure  is  not  over  ten  pounds  per  square  inch  the  time 
of  decompression  shall  be  one  minute;  when  pressure  is  over  ten 
pounds  per  square  inch,  but  does  not  exceed  fifteen  pounds  per 
square  inch,  the  time  of  decompression  shall  be  two  minutes ;  when 
pressure  is  over  fifteen  pounds  per  square  inch,  but  does  not 
exceed  twenty  pounds  per  square  inch,  the  time  of  the  decom- 
pression shall  be  five  minutes;  when  pressure  is  over  twenty 
pounds  per  square  inch,  but  does  not  exceed  twenty-five  pounds 
per  square  inch,  the  time  of  decompression  shall  be  ten  minutes; 
when  pressure  is  over  twenty-five  pounds  per  square  inch  but  does 
not  exceed  thirty  pounds  per  square  inch,  the  time  of  decompres- 
sion shall  be  twelve  minutes ;  when  pressure  is  over  thirty  pounds 


PEOPOSED  KEOODIFICATION  OF  THE  LABOR  LAW.         570 

per  square  inch,  but  does  not  exceed  thirty-six  pounds  per  square 
inch,  the  time  of  decompression  shall  be  fifteen  minutes;  when 
pressure  is  over  thirty-six  pounds  per  square  inch,  but  does  not 
exceed  forty  pounds  per  square  inch,  the  time  of  decompression 
shall  be  twenty  minutes;  when  pressure  is  over  forty  pounds  per 
square  inch,  but  does  not  exceed  fifty  pounds  per  square  inch,  the 
time  of  decompression  shall  be  twenty-five  minutes. 

All  necessary  instruments  shall  be  attached  to  all  caissons  and 
air  locks  showing  the  actual  air  pressure  to  which  men  employed 
therein  are  subjected  and  which  instruments  shall  be  accessible  to 
and  in  charge  of  a  competent  person  who  shall  not  be  employed 
more  than  eight  hours  in  any  twenty-four  hours.] 

§  356.  Hours  of  labor.  When  the  air  pressure  in  any  tunnel, 
caisson,  compartment  or  place  in  which  persons  are  employed  ex- 
ceeds normal  but  does  not  exceed  fifty  pounds,  the  maximum  num- 
ber of  hours  which,  in  every  twenty-four  hours,  a  person  may  be 
employed  or  permitted  to  remain  therein  and  the  minimum  time 
interval  which  shall  elapse  between  the  working  periods  shall  be 
as  hereafter  stated.  In  every  case  the  maximum  number  of  hours 
shall  be  divided  into  two  working  periods  of  equal  length. 

Number  of        Interval  between 
When  the  air  pressure :  houra  in  24         working  poriodi 

Exceeds  normal  but  does  not  exceed  21  pounds  8  SO  mins. 
Exceeds  21  but  does  not  exceed  30  pounds.  ...  6  1  hr. 

Exceeds  30  but  does  not  exceed  35  pounds 4  2  hrs. 

Exceeds  35  but  does  not  exceed  40  pounds ....        3  3  hrs. 

Exceeds  40  but  does  not  exceed  45  pounds.  ...       2  4  "h>T8. 

Exceeds  45  but  does  not  exceed  50  pounds.  ...        l^fa         6  nrs- 

Except  in  cases  of  emergency,  no  person  shall  be  employed' or 
permitted  to  remain  in  any  tunnel,  caisson,  compartment  or  place 
where  the  air  pressure  exceeds  fifty  pounds. 

§  857.  Rate  and  time  of  decompression.  No  person  shall  be 
permitted  to  pass  from  any  tunnel,  caisson,  compartment  or  place 
where  he  has  been  employed  in  compressed  air  to  normal  pressure 
without  passing  through  an  intermediate  lock  or  stage  of  decom- 
pression. When  the  employees  are  passing  from  a  tunnel  to  nor- 
mal pressure,  the  rate  of  decompression  shall  be  three  pounds 
every  two  minutes  except  when  the  air  pressure  in  such  tunnel 
exceeds  thirty-six  pounds  in  which  case  the  rate  of  decompression 


580         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

shall  be  one  pound  every  minute.  When  the  employees  are  passing 
from  a  caisson,  compartment,,  or  place  to  normal  pressure,  the  time 
of  decompression  shall  be  as  follows: 

Time  of 
When  the  pressure  in  a  caisson,  compartment  or  place :  decompression 

Exceeds  normal  but  does  not  exceed  10  pounds.  ...  1  min. 

Exceeds  10  but  does  not  exceed  15  pounds #  mins, 

Exceeds  15  but  does  not  exceed  20  pounds 5  min$. 

Exceeds  20  but  does  not  exceed  25  pounds 10  mins. 

Exceeds  25  but  does  not  exceed  30  pounds 12  mins. 

Exceeds  30  but  does  not  exceed  36  pounds 15  mins. 

Exceeds  36  but  does  not  exceed  40  pounds 20  mins. 

Exceeds  40  but  does  not  exceed  50  pounds 25  mins. 

ARTICLE  XV. 

VIOLATIONS   AND    PENALTIES. 

Section  370.  Civil  penalties  for  violations. 

871.  Summary  action  to  prevent  violations. 

§  370.  Civil  penalties  for  violations.  1.  Any  person  who  vio- 
lates or  does  not  comply  with  any  provision  of  this  chapter,  any 
provision  of  rules  made  under  authority  granted  in  this  chapter, 
or  any  lawful  order  of  the  commissioner,  and  any  person  who 
Icnowingly  makes  or  permits  to  be  made  a  false  statement  or 
entry  in  or  in  relation  to  any  affidavit,  certificate,  transcript,  time- 
book,  register,  record,  report,  documentary  evidence  or  other 
papers  required  to  be  made  or  kept  under  any  provision  of  this 
chapter,  is  ulso  for  each  such  violation  liable  to  a  civil  penalty  of 
fifty  dollars.  Any  person  who  having  been  served  by  the  com- 
missioner  with  an  order  to  comply  with  any  provision  of  this 
chapter  or  of  rules  made  thereunder  fails  to  comply  with  such 
order  within  the  time  specified  therein,  or,  if  no  time  be  specified, 
within  five  days  after  such  service,  is  also  liable  to  a  civil  penalty 
of  two  hundred  and  fifty  dollars. 

2.  The  liability  to  the  penalties  provided  by  this  section  shall 
be  in  addition  to  liability  to  prosecution  for  a  misdemeanor. 

3.  The  commissioner  in  his  name  of  office  may  bring  an  action 
for  the  recovery  of  any  penalty  under  this  section. 

§  371.  Summary  action  to  prevent  violations.  1.  The  com- 
missioner may  require  any  building,  structure,  enclosure  or  .place 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         581 

of  employment  to  be  vacated  if  in  his  opinion  it  is,  because  of  a 
violation  of  any  provision  of  this  chapter  or  of  any  rules  made 
thereunder,  so  unsafe  or  unsanitary  as  to  endanger  life  or  health. 
2.  In  case  any  lawful  order  issued  by  the  commissioner  is  not 
complied  with,  or  the  commissioner  certifies  in  writing  that  an 
emergency  exists  requiring  such  action,  he  may  issue  an  order  as 
provided  in  subdivision  one  of  this  section.  Such  order  shall  be 
addressed  and  served  as  provided  in  section  thirty-seven.  When- 
ever any  order  to  vacate  served  as  aforesaid  shall  not  have  been 
complied  with,  within  the  time  designated  therein,  the  commis- 
sioner may  apply  to  any  judge  of  the  supreme  court,  who,  without 
notice,  may  grant  an  order  directing  the  commissioner  to  vacate 
such  building  or  premises,  or  so  much  thereof  as  said  commis- 
sioner may  deem  necessary,  and  prohibiting  and  enjoining  all 
persons  from  using  or  occupying  the  same  for  any  purpose  until 
such  measures  are  token  as  may  be  required  by  such  order. 

ARTICLE  XVI. 

LAWS  REPEALED;  WHEN  TO  TAKE  EFFECT. 

Section  [240]375.  Laws  repealed. 

[2413370.  When  to  take  effect. 

§  [2403^75.  Laws  repealed.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column 
is  hereby  repealed. 

§  [2413370.  When  to  take  effect.  This  chapter  shall  take 
effect  immediately. 

SCHEDULE  OF  LAWS  REPEALED. 

Laws  of  Chapter  Section 

1833 87 All 

1853 641 All 

1867 856 All 

1867 969 All 

1868 717 2,  part  suspending  opera- 
tion of  L.  1867,  Ch.  969, 
§  10,  last  two  sentences 

1869 822 2,  part  amending  L.  1867, 

Ch.  969 

1870..  385.,  All 


582         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 


1871  

...   934  

3 

1874  

...   614  

,  .  .  .   All 

1875  

...  472  

,  .  .  .   All 

1881  

...  298  

,  .  .  .   All 

1883  

...   356  

,  .  .  .   All 

1885  

...  314  

,  .  .  .   All 

1885  

...   376  

,  .  .  .   All 

1886  

...   151  

,  .  .  .   All 

1886  

...  205  

.  .  .  .   All 

1886  

...  409  

,  .  .  .   All,  except  §  21,  as  added 

by  L.  1887,  Ch.  462,  §  4 

1886  

...  410  

.  .  .  .   All 

1887  

63  

.  .  .  .   All 

1887  

...   323  

,  .  .  .   All 

1887  

...  462  

.  .  .  .   All 

1887  

...   529  

.  .  .  .   All 

1888  

...  437  

.  .  .  .   All 

1889  

...   380  

.  .  .  .   All 

1889  

...   381  

.  .  .  .   AD 

1889  

...   385  

.  .  .  .   All 

1889  

...   560  

.  .  .  .   All 

1890  

...   218  

.  .  .  .   All 

1890  

.  ..   388  

.  .  .  .   All 

1890  

.  ..   394  

.  .  .  .   All 

1890  

,  ...  398  

.  .  .  .   All 

1891  

,  ...   214  

.  .  .  .   All 

1892  

,  ...  517  

.  .  .  .   All 

1892  

.  ...  667  

....   All 

1892  

....  673  

.  .  .  .   All 

1892  

,  ...  711  

....   All 

1893  

.  ...  173  

.  .  .  .   All 

1893  

.  ...  219  

....   All 

1893  

.  .:.  339  

.  .  .  .   All 

1893  

691  

.  .  .  .   All 

1893  

715  

....   All 

1908  

520  

....   All 

1893  

.  ...  717  

.  .  .  .   All 

1894  

277  

....   All 

1894  

373  

.  .  .  .   All 

1894  

622  

.  .  .  .   All 

1894  

698  

....   All 

1894.. 

699.. 

All 

PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         58'] 
1895.,  324..  All 


1895  

413  

.  .  .  .   All 

1895  

518  

.  .  .  .   All 

1895  

....  670  

.  .  .  .   All 

1895  

765  

.  .  .  .   All 

1895  

791  

.  .  .  .   All 

1895  

899  

All 

1896  

271  

All 

1896  

384  

.  .  .  .   All 

1896  

672  

.  .  .  .   All 

1896  

789  

.  .  .  .   All 

1896  

931  

1-4,  6,  7 

1896  

936  

.  .  .  .   All 

1896  

982  

.  .  .  .   All 

1896  

991  

.  .  .  .   All 

1897  

148  

.  .  .  .   All 

1897  

415  

.  .  .  .   All 

1899  

....   191  

....   All 

1899  

....   192  

.  .  .  .   All 

1899  

375  

.  ...   All 

1899  

558  

.  .  .  .   All 

1899  

567  

.  .  .  .   All 

1900  

298  

.  .  .  .   All 

1900  

533  

.  .  .  .   All 

1901  

9  

.  .  .  .   All 

1901  

306  

.  .  .  .   All 

1901  

....  475  

.  .  .  .   All 

1901  

477  

.  .  .  .   All 

1901  

478  

.  .  .  .   All 

1902  

88  

.  .  .  .   All 

1902  

454  

.  .  .  .   All 

1902  

600  

.  .  .  .   All 

1903  

151  

.  .  .  .   All 

1903  

....   184  

.  .  .  .   All 

1903  

255  

.  .  .  .   All 

1903  

561  

.  .  .  .   All 

1904  

291  

.  .  .  .   All 

1904  

....   523  

.  .  .  .   All 

1904  

550  

.  .  .  .   All 

1905  

....  493  

.  .  .  .   All 

1905.. 

518.. 

All 

584         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

1905 519 All 

1905 520 All 

1906 129 All 

1906 158 All 

1906 178 All 

1906 216 All 

1906 275 All 

1906 316 All 

1906 366 All 

1906 375 All 

1906 401 All 

1906 490 All 

1906 506 All 

1907 83 All 

1907 243 All 

1907 286 All 

1907 291 All 

1907 399 All 

1907 418 All 

1907 485 All 

1907 490 All 

1907 505 All 

1907 507 All 

1907 588 All 

1907 627 All 

1908 89 All 

1908 174 All 

1908.' 426 All 

1908 442 All 

1908 443 All 

§  2.  Articles  seven,  thirteen,  fourteen  and  fifteen  of  said  chap- 
ter are  hereby  repealed  and  sections  nine,  twelve,  eighteen,  nine- 
teen, twenty,  twenty-a,  twenty-one,  twenty-two  (entitled  "  duties 
relating  to  apprentices"),  seventy-three,  eighty-seven,  ninety,  one 
hundred  and  twenty-six,  one  hundred  and  thirty-four,  one  hundred 
and  thirty-four-c,  one  hundred  and  thirty-five,  one  hundred  and 
thirty-six,  one  hundred  and  sixty,  one  hundred  and  sixty-two,  one 
hundred  and  sixty-three,  one  hundred  and  sixty-four,  one  hundred 
and  sixty-five,  one  hundred  and  sixty-six,  one  hundred  and  sixty- 
seven,  one  hundred  and  sixty-eight,  one  hundred  and  sixty-nine, 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         585 

one  hundred  and  seventy,  one  hundred  and  seventy-one,  one  hun- 
dred and  seventy-two  and  one  hundred  and  seventy-three  of 
said  chapter  and  all  other  sections  thereof  not  amended  by  or  in- 
cluded in  section  one  of  this  act,  are  hereby  repealed. 

§  3.  Chapter  twenty-one  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  relating  to  education,  constituting  chapter 
sixteen  of  the  consolidated  laws/'  as  amended  by  chapter  one  hun- 
dred and  forty  of  the  laws  of  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  adding  thereto  a  new  article  after  article 
twenty-three,  to  be  article  twenty-three-a  thereof,  to  read  as  fol- 
lows: 

ARTICLE  23-A. 

EMPLOYMENT  OF  CHILDREN  IN  STREET  TRADES. 

Section  610.  Prohibited  employment  of  children  in  street  trades. 

611.  Permit  and  badge  for  children  engaged  in  street 

trades,  how  issued. 

612.  Contents  of  permit  and  badge. 

613.  Regulations  concerning  lodge  and  permit. 
614-  Limit  of  hours. 

615.  Employment  of  children  in  carrying  and  distribut- 

ing newspapers. 

616.  Enforcement  of  article. 

617.  Violation  of  this  article,  how  punished. 

618.  Punishment   of  parent,  guardian   or   other  person 

contributing  to  the  delinquency  of  children. 

§  610.  Prohibited  employment  of  children  in  street  trades.  No 
male  child  under  twelve,  and  no  girl  under  sixteen  years  of  age, 
shall  in  any  city  of  the  first,  second  or  third  class  sell  or  expose 
or  offer  for  sale  newspapers,  magazines  or  periodicals  in  any  street 
or  public  place. 

§611.  Permit  and  badge  for  children  engaged  in  street  trades, 
how  issued.  No  male  child  under  fourteen  years  of  age  shall  sell 
or  expose  or  offer  for  sale  said  articles  unless  a  permit  and  badge 
as  hereinafter  provided  shall  have  been  issued  to  him  by  the  dis- 
trict superintendent  of  the  board  of  education  of  the  city  and  school 
district  where  said  child  resides,  or  by  such  other  officer  thereof 
as  may  be  officially  designated  by  such  board  for  that  purpose, 
on  the  application  of  the  parent,  guardian  or  other  person  having 
the  custody  of  the  child  desiring  such  permit  and  badge,  or  in  case 


586         PROPOSED  KECODIFICATIOX  OF  THE  LABOK  LAW. 

said  child  has  no  parent,  guardian  or  custodian  then  on  the  applica- 
tion of  his  next  friend,  being  an  adult.  Such  permit  and  badge 
shall  not  be  issued  until  the  officer  issuing  the  same  shall  have  re- 
ceived, examined,  approved  and  placed  on  file  in  his  office  satis- 
factory proof  that  such  male  child  is  of  the  age  of  twelve  years  or 
upwards,  and  shall  also  have  received,  examined  and  placed  on  file 
the  written  statement  of  the  principal  or  chief  executive  officer 
of  the  school  which  the  child  is  attending,  stating  that  such  child 
is  an  attendant  at  such  school,  that  he  is  of  normal  development  of 
a  child  of  his  age  and  physically  fit  for  such  employment,  and  that 
said  principal  or  chief  executive  officer  approves  the  granting  of  a 
permit  and  badge  to  such  child.  No  such  permit  or  badge  shall 
be  valid  for  any  purpose  except  during  the  period  in  which  such 
proof  and  written  statement  shall  remain  on  file,  nor  shall  such 
permit  or  badge  be  authority  beyond  the  period  fixed  therein 
for  its  duration.  After  having  received,  examined  and  placed 
on  file  such  papers  the  officer  shall  issue  to  the  child  a  permit  and 
badge.  Principals  or  chief  executive  officers  of  schools  in  which 
children  under  fourteen  years  are  pupils  shall  'keep  complete  lists 
of  all  children  in  their  schools  to  whom  a  permit  and  badge  as 
herein  provided  have  been  granted. 

§  612.  Contents  of  permit  and  badge.  Such  permit  shall  state 
the  date  and  place  of  birth  of  the  child,  the  name  and  address  of 
its  parent,  guardian,  custodian  or  next  friend,  as  the  case  may  be, 
and  describe  the  color  of  hair  and  eyes,  the  height,  weight  and  any 
distinguishing  facial  mark  of  such  child,  and  shall  further  state 
that  the  papers  required  by  the  preceding  section  have  been  duly 
examined  and  filed;  and  that  the  child  named  in  such  permit  has 
appeared  before  the  officer  issuing  the  permit.  The  badge  fur- 
nished by  the  officer  issuing  the  permit  shall  bear  on  its  face  a 
number  corresponding  to  the  number  of  the  permit,  and  the  name 
of  the  child.  Every  such  permit,  and  every  such  badge  on  its  re- 
verse side,  shall  be  signed  in  the  presence  of  the  officer  issuing  the 
same  by  the  child  in  whose  name  it  is  issued. 

§  613.  Regulations  concerning  badge  and  permit.  The  badge 
provided  for  herein  shall  be  worn  conspicuously  at  all  times  by 
such  child  while  so  working;  and  all  such  permits  and  badges  shall 
expire  annually  on  the  first  day  of  January.  The  color  of  the 
badge  shall  be  changed  each  year.  No  child  to  whom  such  permit 
and  badge  are  issued  shall  transfer  the  same  to  any  other  person 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         587 

nor  be  engaged  in  any  city  of  the  first,  second  or  third  class  as  a 
newsboy.,  or  shall  sell  or  expose  or  offer  for  sale  newspapers,  maga- 
zines or  periodicals  in  any  street  or  public  place  without  having 
conspicuously  upon  his  person  such  badge,  and  he  shall  exhibit  the 
same  upon  demand  at  any  time  to  any  police,  or  attendance  officer. 

§  614'  Limit  of  hours.  No  child  to  whom  a  permit  and  badge 
are  issued  as  provided  for  in  the  preceding  section  shall  sell  or  ex- 
pose or  offer  for  sale  any  newspapers,  magazines  or  periodicals 
after  eight  o'clock  in  the  evening,  or  before  six  o'clock  in  the 
morning. 

§  615.  Employment  of  children  in  carrying  and  distributing 
newspapers.  Upon  obtaining  w,  permit  and  badge  as  provided  by 
this  section,  a  male  child  over  twelve  years  of  age  between  the  close 
of  school  and  six-thirty  o'clock  in  the  afternoon  and  a  male  child 
over  fourteen  years  of  age  between  five-thirty  and  eight  o'clock  in 
the  morning  may  be  employed  to  carry  and  distribute  newspapers 
on  a  newspaper  route  in  a  city  or  village,  if  no  other  work  or  em- 
ployment be  required  or  permitted  to  be  done  by  any  such  child  dur- 
ing that  time.  The  badge  or  permit  required  by  this  section  shall 
be  issued  to  such  child  by  the  district  superintendent  or  the  board 
of  education  of  the  city  or  village  and  school  district  where  such 
child  resides,  or  by  such  other  officer  thereof  as  may  be  officially 
designated  by  such  board  for  that  purpose,  on  the  application  of 
the  parent,  guardian  or  other  person  having  the  custody  of  the 
child  desiring  such  permit  and  badge,  or  in  case  such  child  has  no 
parent,  guardian  or  custodian  then  on  the  application  of  his  next 
friend,  being  an  adult.  Such  permit  and  badge  shall  not  be  issued 
until  the  officer  issuing  the  same  shall  have  received,  examined, 
approved  and  placed  on  file  in  his  office  satisfactory  proof  that  such 
male  child  is  of  the  age  prescribed  by  this  section,  and  shall  also 
have  received,  examined  and  placed  on  file  the  written  statement  of 
the  principal  or  chief  executive  officer  of  the  school  which  the 
child  is  attending,  stating  that  such  child  is  an  attendant  at  such 
school,  that  he  is  of  the  normal  development  of  a  child  of  his  age 
and  physically  fit  for  such  employment,  and  that  such  principal 
or  chief  executive  officer  approves  the  granting  of  a  permit  and 
badge  to  such  child.  No  such  permit  or  badge  shall  be  valid  for 
any  purpose  except  during  the  period  in  which  such  proof  and 
written  statement  shall  remain  on  fie,  nor  shall  such,  permit  or 
badge  be  authority  beyond  the  period  fixed  therein  for  its  duration. 


588         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

After  having  received,  examined  and  placed  on  file  such  papers  the 
officer  shall  issue  to  the  child  a  permit  and  badge.  Such  permit 
shall  state  the  date  and  place  of  birth  of  the  child,  the  name  and 
address  of  its  parent,  guardian,  custodian  or  next  friend,  as  the 
case  may  be,  and  describe  the  color  of  hair  and  eyes,  the  height  "and 
weight  and  any  distinguishing  facial  mark  of  such  child,  and  shall 
further  state  that  the  papers  required  by  this  section  have  been 
duly  examined  and  fled;  and  that  the  child  named  in  such  permit 
has  appeared  before  the  officer  issuing  the  permit.  The  badge 
furnished  by  the  officer  issuing  the  permit  shall  bear  on  its  face  a 
number  corresponding  with  the  number  of  the  permit,  and  the 
name  of  the  child.  Every  such  permit,  and  every  such  badge  on 
its  reverse  side,  shall  be  signed  in  the  presence  of  the  officer  issuing 
the  same  by  the  child  in  whose  name  it  is  issued.  The  badge  pro- 
vided for  herein  shall  be  worn  conspicuously  at  all  times  by  such 
child  while  so  working;  and  all  such  permits  and  badges  shall 
expire  annually  on  the  first  day  of  January.  The  color  of  the 
badge  shall  be  changed  each  year.  No  child  to  whom  such  permit 
and  badge  are  issued  shall  transfer  the  same  to  any  other  person 
nor  be  engaged  in  any  city  or  village  in  distributing  newspapers 
without  having  conspicuously  upon  his  person  such  badge,  and  he 
shall  exhibit  the  same  upon  demand  at  any  time  to  any  police  or 
attendance  officer. 

§  616.  Enforcement  of  article.  In  cities  of  the  first,  second  or 
third  class,  police  officers,  and  the  regular  attendance  officers  ap- 
pointed by  the  board  of  education,  who  are  hereby  vested  with  the 
powers -of  peace  officers  for  the  purpose,  shall  enforce  the  provi- 
sions of  this  article. 

§  617.  Violation  of  this  article,  how  punished.  Any  child  who 
shall,  in  any  city  of  the  first,  second  or  third  class,  sell  or  expose 
or  offer  for  sale  newspapers,  magazines  or  periodicals  in  violation 
of  the  provisions  of  this  article  may  be  deemed  and  adjudged  in 
need  of  the  care  and  protection  of  the  state,  and  if  over  seven  years 
of  age  may  be  adjudged  guilty  of  juvenile  delinquency.  A  child 
violating  the  provisions  of  this  act  may  be  arrested  and  in  the  city 
of  New  York  be  brought  before  a  children's  court  and  in  any  other 
city  be  brought  before  a  court  or  magistrate  having  jurisdiction  to 
commit  a  child  to  an  incorporated  charitable  reformatory  or  other 
institution  and  be  dealt  with  according  to  law.  If  any  such  child 
>'s  committed  to  an  institution,  it  shall,  when  practicable,  be  com- 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         589 

mitted  to  an  institution  governed  by  the  same  religious  faith  as 
the  parents  of  such  child.  The  permit  and  badge  of  any  child  who 
violates  the  provisions  of  this  article  may  be  revoked  by  the  officer 
issuing  the  same,  upon  the  recommendation  of  the  principal  or 
chief  executive  officer  of  the  school  which  such  child  is  attending, 
or  upon  the  complaint  of  any  police  officer  or  attendance  officer, 
and  such  child  shall  surrender  the  permit  and  badge  so  revoked 
upon  the  demand  of  any  attendance  officer  or  police  officer  charged 
with  the  duty  of  enforcing  the  provisions  of  this  article.  The  re- 
fusal of  any  child  to  surrender  such  permit  and  badge,  upon  such 
demand,  or  the  sale  or  offering  for  sale  of  newspapers,  magazines 
or  periodicals  in  any  street  or  public  place  by  any  child  after  notice 
of  the  revocation  of  such  permit  and  badge  shall  be  deemed  a  vio- 
lation of  this  article  and  shall  subject  the  child  to  the  penalties 
provided  for  in  this  section. 

§  618.  Punishment  of  parent,  guardian  or  other  person  for  con- 
tributing to  the  delinquency  of  children.  The  parent,  guardian  or 
other  person  having  the  custody  of  a  child,  who  omits  to  exercise 
reasonable  diligence  to  prevent  such  child  from  violating  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
dealt  with  as  provided  by  section  four  hundred  and  ninety-four  of 
the  penal  law.  In  any  such  proceedings  against  any  such  parent, 
guardian  or  other  person  having  custody  of  such  child,  proof  of  the 
presence  of  such  child  in  the  public  streets  engaged  in  the  sale 
or  exposure  or  offering  for  sale  of  newspapers,  magazines  or  peri- 
odicals in  violation  of  the  provisions  of  this  article,  shall  be  deemed 
prima  facie  proof  of  the  lack  of  reasonable  diligence  in  the  con- 
trol of  such  child  by  such  parent,  guardian  or  custodian,  to  pre- 
vent such  offense  by  such  child. 

§  4.  Chapter  twenty-eight  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  relating  to  corporations  generally,  consti- 
tuting chapter  twenty-three  of  the  consolidated  laws,"  is  hereby 
amended  by  adding  thereto  a  new  section,  to  be  section  two  hun- 
dred and  sixty-one-a  thereof,  and  to  read  as  follows : 

§  %61-a.  Payment  of  wages  by  receivers.  Upon  the  appoint- 
ment of  a,  receiver  of  a  corporation  organized  under  the  laws  of 
this  state  and  doing  business  therein,  other  than  a  moneyed  corpo- 
ration,  the  wages  of  ihe  employees  of  such  corporation  shall  be 
preferred  to  every  other  debt  or  claim.  The  provisions  of  section 


PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

two  hundred  and  thirty  of  this  chapter  do  not  apply  to  the  provi- 
sions vf  this  section. 

§  5.  Chapter  forty-four  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  in  relation  to  partnership,  constituting  chap- 
ter thirty-nine  of  the  consolidated  laws,"  is  hereby  amended  by 
adding  thereto  a  new  section,  to  be  section  eight  thereof,  and  to 
read  as  follows : 

§  8.  Payment  of  wages  by  receivers.  Upon  the  appointment  of 
a  receiver  of  a  partnership  the  wages  of  the  employees  of  such 
partnership  shall  be  preferred  to  every  other  debt  or  claim. 

§  6.  Section  twelve  hundred  and  seventy-five  of  chapter 
eighty-eight  of  the  laws  of  nineteen  hundred  and  nine,  entitled 
"  An  act  to  provide  for  the  punishment  of  crime,  constituting 
chapter  forty  of  the  consolidated  laws,"  as  amended  by  chapter 
seven  hundred  and  forty-nine  of  the  laws  of  nineteen  hundred 
and  eleven,  chapter  three  hundred  and  eighty-three  of  the  laws  of 
nineteen  hundred  and  twelve  and  chapter  three  hundred  and  forty- 
nine  of  the  laws  of  nineteen  hundred  and  thirteen,  is  hereby 
further  amended  to  read  as  follows : 

§  1275.  Violations  of  provisions  of  labor  law ;  the  industrial 
code;  the  rules  and  regulations  of  the  industrial  board  of  the  de- 
partment of  labor ;  orders  of  the  commissioner  of  labor.  Any  per- 
son who  violates  or  does  not  comply  with  any  provision  of  the 
labor  law,  any  provision  of  the  industrial  code,  any  rule  or  regu- 
lation of  the  industrial  board  of  the  department  of  labor,  or  any 
lawful  order  of  the  commissioner  of  labor;  and  any  person  who 
knowingly  makes  or  permits  to  be  made  a  false  statement  or  entry 
in  or  in  relation  to  [any  application  made  for  an  employment  cer- 
tificate as  to  any  matter  required  by  articles  six  and  eleven  of  the 
labor  law  to  appear  in  any  affidavit,  record,  transcript  or  certifi- 
cate therein  provided  for,]  any  affidavit,  certificate,  transcript, 
time-book,  register,  record,  report,  documentary  evidence  or  other 
papers  required  to  be  made  or  kept  under  any  provision  of  the 
labor  law  is  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished,  except  as  in  this  chapter  otherwise  provided,  for  a  first 
offense  by  a  fine  of  not  less  than  twenty  nor  more  than  [fifty]  fire 
hundred  dollars  or  by  imprisonment  for  not  more  than  ten  days  or 
by  both  such  fine  and  imprisonment ;  for  a  second  offense  by  a  fine 
of  not  less  than  fifty  nor  more  than  [two  hundred  and  fifty] 


PROPOSED  KECODIFICATION  OF  THE  LABOK.  LAW.         591 

two  thousand  five  hundred  dollars,  or  by  imprisonment  for  not 
more  than  thirty  days  or  by  both  such  fine  and  imprisonment; 
for  a  third  or  subsequent  offense  by  a  fine  of  not  less  than  two 
hundred  and  fifty  [dollars]  nor  more  than  five  thousand  dollars, 
or  by  imprisonment  for  not  more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment. 

§  7.  Sections  six  hundred  and  twenty,  twelve  hundred  and  sev- 
enty, twelve  hundred  and  seventy-one,  twelve  hundred  and  seventy- 
two,  twelve  hundred  and  seventy-four,  twelve  hundred  and  seventy- 
six  and  twelve  hundred  and  seventy-seven  of  chapter  eighty-eight 
of  the  laws  of  nineteen  hundred  and  nine,  entitled  "An  act  to 
provide  for  the  punishment  of  crime,  constituting  chapter  forty 
of  the  consolidated  laws,"  as  amended,  are  hereby  repealed. 

§  8.  There  is  hereby  enacted  a  new  chapter  of  the  consolidated 
laws  to  be  chapter  sixty-eight  thereof,  and  inserted  after  chapter 
sixty-seven  and  to  read  as  follows: 

CHAPTER  LXVIII  OF  THE  CONSOLIDATED  LAWS. 

EMPLOYERS'  LIABILITY. 

Article  1.  Short  title.     (§  1.) 

2.  Employers   liability.     (§§  8-15.) 

3.  Laws    repealed;    construction;   when    to    take   effect. 

(§,§  16-18.) 

ARTICLE  1. 

SHORT   TITLE. 

Section  1.  Short  title. 

Section  1.  Short  title.  This  chapter  shall  be  known  as  the 
"  employers'  liability  law." 

ARTICLE  2. 

EMPLOYERS'  LIABILITY. 

Section  2.  Employer's  liability  for  injuries. 

3.  Notice  to  be  served. 

4.  Assumption  of  risks;  contributory  negligence,  when  a 

question  of  fact. 

5.  Trial;  burden  of  proof. 

6.  Defense;  insurance  fund. 


592    PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

7.  Existing  rights  of  action  continued. 

8.  Consent  by  employer  and  employee  to  compensation 

plan. 

9.  Liability  to  pay  compensation;  notice  of  accident. 

10.  Amount  of  compensation;  persons  entitled;  physical 

examination. 

11.  Settlement  of  disputes. 

12.  Preferential  claim;  not  assignable  or  subject  to  attach- 

ment; attorney's  fee. 

13.  Cancellation  of  consent. 

14-  Reports  of  compensation  plan. 
15.  Reports  by  employer. 

§  2.  Employer's  liability  for  injuries.  When  personal  injury 
is  caused  to  an  employee  who  is  himself  in  the  exercise  of  due 
care  and  diligence  at  the  time: 

1.  By  reason  of  any  defect  in  the  condition  of  the  ways,  works, 
machinery,  or  plant,  connected  with  or  used  in  the  business  of  the 
employer  which  arose  from  or  had  not  been  discovered  or  remedied 
owing  to  the  negligence  of  the  employer  or  of  any  person  in  the 
service  of  the  employer  and  intrusted  by  him  with  the  duty  of 
seeing  that  the  ways,  works,  machinery,  or  plant,  were  in  proper 
condition; 

2.  By  reason  of  the  negligence  of  any  person  in  the  service  of 
the  employer  intrusted  with  any  superintendence  or  by  reason  of 
the  negligence  of  any  person  intrusted  with  authority  to  direct, 
control  or  command  any  employee  in  the  performance  of  the  duty 
of  such  employee.    The  employee,  or  in  case  the  injury  results  in 
death,  the  executor  or  administrator  of  a  deceased  employee  who 
has  left  him  surviving  a  husband,  wife  or  next  of  Jcin,  shall  have 
the  same  right  of  compensation  and  remedies  against  the  employer 
&:  if  the  employee  had  not  been  an  employee  of  nor  in  the  service 
o?  the  employer  nor  engaged  in  his  work.    The  provisions  of  law 
relating  to  actions  for  causing  death  by  negligence,  so  far  as  the 
same  are  consistent  with  this  act,  shall  apply  to  an  action  brought 
by  an  executor  or  administrator  of  a  deceased  employee,  suing 
under  the  provisions  of  this  article.    If  an  employer  enters  into 
a  contract,  written  or  verbal,  with  an  independent  contractor  to 
do  part  of  such  employer's  work,  or  if  such  contractor  enters  into 
a  contract  with  a  subcontractor  to  do  all  or  any  part  of  the  work 
comprised  in  such  contractor's  contract  with  the  employer,  such 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         598 

contract  or  subcontract  shall  not  bar  the  liability  of  the  employer 
for  the  injuries  to  the  employees  of  such  contractor  or  subcon- 
t' actor,  caused  by  any  defect  in  the  condition  of  the  ways,  works, 
machinery,  or  plant,  if  they  are  the  property  of  the  employer  or 
are  furnished  by  him,  and  if  such  defect  arose,  or  had  not  been 
discovered  or  remedied,  through  the  negligence  of  the  employer, 
or  of  some  person  intrusted  by  him  with  the  duty  of  seeing  that 
they  were  in  proper  condition. 

§  3.  Notice  to  be  served.  No  action  for  recovery  of  compensa- 
tion for  injury  or  death  under  this  article  shall  be  maintained 
unless  notice  of  the  time,  place  and  cause  of  the  injury  is  given 
to  the  employer  luithin  one  hundred  and  twenty  days  and  the  ac- 
tion is  commenced  within  one  year  after  the  occurrence  of  the 
accident  causing  the  injury  or  death.  The  notice  required  by  this 
section  shall  be  in  writing  and  signed  by  the  person  injured  or 
by  some  one  in  his  behalf,  but  if  from  physical  or  mental  in- 
capacity it  is  impossible  for  the  person  injured  to  give  notice 
within  the  time  provided  in  this  section,  he  may  give  the  same 
within  ten  days  after  such  incapacity  is  removed.  In  case  of  his 
death  without  having  given  such  notice,  his  executor  or  admin- 
istrator may  give  such  notice  within  sixty  days  after  his  appoint- 
ment, but  no  notice  under  the  provisions  of  this  section  shall  be 
deemed  to  be  invalid  or  insufficient  solely  by  reason  of  any  in- 
accuracy in  stating  the  time,  place  or  cause  of  the  injury  if  it  be 
shown  that  there  was  no  intention  to  mislead  and  that  the  party 
entitled  to  notice  was  not  in  fact  misled  thereby.  If  such  notice 
does  not  apprise  the  employer  of  the  time,  place  or  cause  of  in- 
jury, he  may,  within  eight  days  after  service  thereof,  serve  upon 
the  sender  a  written  demand  for  a  further  notice,  which  demand 
must  specify  the  particular  in  which  the  first  notice  is  claimed 
to  be  defective,  and  a  failure  by  the  employer  to  make  such  de- 
mand as  herein  provided  shall  be  a  waiver  of  all  defects  that  the 
notice  may  contain.  After  service  of  such  demand  as  herein  pro- 
vided, the  sender  of  such  notice  may  at  any  time  within  eight 
days  thereafter  serve  an  amended  notice  which  shall  supersede 
such  first  notice  and  have  the  same  effect  as  an  original  notice 
hereunder.  The  notice  required  by  this  section  shall  be  served  on 
tfie  employer,  or  if  there  is  more  than  one  employer,  upon  one  of 
such  employers,  and  may  be  served  by  delivering  the  same  to  or  at 
the  residence  or  place  of  business  of  the  person  on  whom  it  is  to 
be  served.  The  notice  or  demand  may  be  served  by  post  by  letter 


594         PROPOSED  RECODIFICATION  OF  THE  LABOH  LAW. 

addressed  to  the  person  on  whom  it  is  to  be  served,  at  his  last 
known  place  of  residence  or  place  of  business,  and  if  served  by 
post  shall  be  deemed  to  have  been  served  at  the  time  when  the 
letter  containing  the  same  would  be  delivered  in  the  ordinary 
course  of  the  post.  When  the  employer  is  a  corporation,  notice 
shall  be  served  by  delivering  the  same  or  by  sending  it  by  post 
addressed  to  the  office  or  principal  place  of  business  of  such  cor- 
poration. 

§  4>  Assumption  of  risks;  contributory  negligence,  when  a  ques- 
tion of  fact.  An  employee  by  entering  upon  or  continuing  in  the 
service  of  the  employer  shall  be  presumed  to  have  assented  to  the 
necessary  risks  of  the  occupation  or  employment  and  no  others. 
The  necessary  risks  of  the  occupation  or  employment  shall,  in  all 
cases  arising  after  the  first  day  of  September,  nineteen  hundred 
and  ten,  be  considered  as  including  those  risks,  and  those  only,  in- 
herent in  the  nature  of  the  business  ivhich  remain  after  the  em- 
ployer has  exercised  due  care  in  providing  for  the  safety  of  his  em* 
ployees,  and  has  complied  with  the  laivs  affecting  or  regulating 
such  business  or  occupation  for  the  greater  safety  of  such  em- 
ployees. In  an  action  brought  to  recover  damages  for  personal  in- 
jury or  for  death  resulting  therefrom  received  after  the  first  day 
of  September,  nineteen  hundred  and  ten,  owing  to  any  cause,  in- 
cluding open  and  visible  defects,  for  which  the  employer  would  be 
liable  but  for  the  hitherto  available  defense  of  assumption  of  risk 
by  the  employee,  the  fact  that  the  employee  continued  in  the  serv- 
ice of  the  employer  in  the  same  place  and  course  of  employment 
after,  the  discovery  by  such  employee,  or  after  he  had  been  in- 
formed of  the  danger  of  personal  injury  therefrom  shall  not  be, 
as  matter  of  fact  or  as  matter  of  law,  an  assumption  of  the  risk  of 
injury  therefrom,  but  an  employee,  or  his  legal  representative,  shall 
not  be  entitled  under  this  article  to  any  right  of  compensation  or 
remedy  against  the  employer  in  any  case  where  such  employee 
knew  of  the  defect  or  negligence  which  caused  the  injury  and 
failed,  within  a  reasonable  time,  to  give,  or  cause  to  be  given,  in- 
formation thereof  to  the  employer,  or  to  some  person  superior  to 
himself  in  the  service  of  the  employer,  or  who  had  intrusted  to 
him  some  superintendence,  unless  it  shall  appear  on  the  trial  that 
such  defect  or  negligence  was  known  to  such  employer,  or  superior 
person,  prior  to  such  injuries  to  the  employee;  or  unless  such  de- 
fect could  have  been  discovered  by  such  employer  by  reasonable 
and  proper  care,  tests  or  inspection. 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         595 

§  5.  Trial;  burden  of  proof.  On  the  trial  of  any  action  brought 
by  an  employee  or  his  personal  representative  to  recover  damages 
for  negligence  arising  out  of  and  in  the  course  of  such  employ- 
ment, contributory  negligence  of  the  injured  employee  shall  be  a 
defense  to  be  so  pleaded  and  proved  by  the  defendant. 

§  6.  Defense;  insurance  fund.  An  employer  who  shall  have 
contributed  to  an  insurance  fund  created  and  maintained  for  the 
mutual  purpose  of  indemnifying  an  employee  for  personal  in- 
juries, for  wliicli  compensation  may  be  recovered  under  this  arti- 
cle, or  to  any  relief  society  or  benefit  fund  created  under  the  laws 
of  this  state,  may  prove  in  mitigation  of  damages  recoverable  by 
an  employee  under  this  article  such  proportion  of  the  pecuniary 
benefit  which  has  been  received  by  such  employee  from  such  fund 
or  society  on  account  of  such  contribution  of  the  employer,  as  the 
contribution  of  such  employer  to  such  fund  or  society  bears  to  the 
whole  contribution  thereto. 

§  7.  Existing  rights  of  action  continued.  Every  right  of  action 
existing  on  the  seventeenth  day  of  February,  nineteen  hundred 
and  nine,  for  negligence  or  to  recover  damages  for  injuries  result- 
ino  in  death  is  continued  and  nothing  in  this  article  contained 
shall  be  construed  as  limiting  any  such  right  of  action,  nor  shall 
the  failure  to  give  the  notice  provided  for  in  section  three  of  this 
article  be  a  bar  to  the  maintenance  of  a  suit  upon  any  such  exist- 
ing right  of  action. 

§  8.  Consent  by  employer  and  employee  to  compensation  plan. 
When  and  if  any  employer  in  this  state  and  any  of  his  employees 
shall  consent  to  the  compensation  plan  described  in  sections  nine 
to  fifteen,  inclusive,  of  this  article,  hereinafter  referred  to  as  the 
plan,  and  shall  Dignify  their  consent  thereto  in  writing  signed  by 
each  of  them  01  their  authorized  agents,  and  acknowledged  in  the 
manner  prescribed  by  law  for  talcing  the  acknowledgment  of  a  con- 
veyance of  real  property,  and  such  writing  is  filed  with  the  county 
clerk  of  the  county  in  which  it  is  signed  by  the  employee,  then  so 
long  as  such  consent  has  not  expired  or  been  canceled  as  herein- 
after provided,  such  employee,  or  in  case  injury  to  him  results  in 
death,  his  executor  or  administrator,  shall  have  no  other  right  of 
action  against  the  employer  for  personal  injury  or  death  of  any 
kind,  under  any  statute  or  at  common  law,  save  under  the  plan  so 
consented  to,  except  ivhere  personal  injury  to  the  employee  is 
caused  in  whole  or  in  part  by  the  failure  of  the  employer  to  obey 


596         PROPOSED  KECODIFICATION  OF  THE  LABOR  LAW. 

a  valid  order  made  by  the  commissioner  of  labor  or  other  public 
authority  authorized  to  require  the  employer  to  safeguard  his  em- 
ployees, or  where  such  injury  is  caused  by  the  serious  or  willful 
misconduct  of  the  employer.  In  such  excepted  cases  thus  de- 
scribed, no  right  of  action  which  the  employee  has  at  common  law 
or  by  any  other  statute  shall  be  affected  or  lost  by  his  consent  to 
the  plan,  if  such  employee,  or  in  case  of  death  his  executor  or  ad- 
ministrator, commences  such  action  before  accepting  any  benefit 
under  such  plan  or  giving  any  notice  of  injury  as  provided  in  sec- 
tion nine  hereof.  The  commencing  of  any  legal  action  whatso- 
ever at  common  law  or  by  any  statute  against  the  employer  on  ac- 
count of  such  injury,  except  under  the  plan,  shall  bar  the  em- 
ployee, and  in  the  event  of  his  death  his  executors,  administrators, 
dependents  and  other  beneficiaries,  from  all  benefit  under  the 
plan.  This  section  and  section  nine  to  fifteen,  inclusive,  of 
this  article  shall  not  apply  to  a  railroad  corporation,  foreign  or 
domestic,  doing  business  in  this  state,  or  a  receiver  thereof,  or  to 
any  person  employed  by  such  corporation  or  receiver. 

§  9.  Liability  to  pay  compensation;  notice  of  accident.  If  per- 
sonal injury  by  accident  arising  out  of  and  in  the  course  of  the  em- 
ployment is  caused  to  the  employee,  the  employer  shall,  subject  as 
hereinafter  mentioned,  be  liable  to  pay  compensation  under  the 
plan  at  the  rates  set  out  in  section  ten  of  this  article:  provided 
that  the  employer  shall  not  be  liable  in  respect  of  any  injury  which 
does  not  disable  the  employee  for  a  period  of  at  least  two  weeks 
from  earning  full  wages  at  the  work  at  which  he  was  employed, 
rind  that  the  employer  shall  not  be  liable  in  respect  of  any  injury 
to  the  employee  which  is  caused  by  the  serious  and  willful  miscon- 
duct of  that  employee.  No  proceedings  for  recovery  under  the 
plan  provided  hereby  shall  be  maintained  unless  notice  of  the  ac- 
cident has  been  given  to  the  employer  as  soon  as  practicable  after 
the  happening  thereof  and  before  the  employee  has  voluntarily 
left  the  employment  in  which  he  was  injured  and  during  such 
disability,  and  unless  claim  for  compensation  with  respect  to  the 
accident  has  been  made  within  six  months  from  the  occurrence  of 
the  accident,  or  in  the  case  of  death  of  the  employee,  or  in  the 
event  of  his  physical  or  mental  incapacity  within  six  months  after 
such  death  or  removal  of  such  physical  or  mental  incapacity,  or 
in  event  that  weekly  payments  have  been  made  under  the  plan, 
within  six  months  after  such  payments  have  ceased;  but  no  want 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         597 

of  or  defect  or  inaccuracy  of  a  notice  shall  be  a  bar  to  the  main- 
tenance of  proceedings  under  the  plan  unless  the  employer  proves 
that  he  is  prejudiced  by  said  want,  defect  or  inaccuracy.  Notice 
of  the  accident  shall  apprise  the  employer  of  the  claim  for  com- 
pensation under  this  plan  and  shall  state  the  name  and  address  of 
the  employee  injured,  the  date  and  place  of  the  accident  and  in 
simple  language  the  cause  thereof.  The  notice  may  be  served  per- 
sonally or  by  sending  it  by  mail  in  a  registered  letter  addressed  to 
the  employer  at  his  last  known  residence  or  place  of  business. 

§10.  Amount  of  compensation;  persons  entitled;  physical  ex- 
amination. The  amount  of  compensation  under  the  plan  shall 
be:  1.  In  case  death  results  from  injury: 

(a)  If  the  employee  leaves  a  widow  or  next  of  kin  at  the  time 
of  his  death  wholly  dependent  on  his  earnings,  a  sum  equal  to 
twelve  hundred  times  the  daily  earnings  of  the  employee  at  the 
rate  at  which  he  was  being  paid  by  the  employer  at  the  time  of  the 
accident,  but  not  more  in  any  event  than  three  thousand  dollars. 
Any  weekly  payments  previously  made  under  the  plan  shall  be 
deducted  in  ascertaining  such  amount  payable  on  death. 

(b)  If  such  widow  or  next  of  kin  or  any  of  them  are  in  part 
only  dependent  upon  his  earnings,  such  sum  not  exceeding  that 
provided  in  subdivision  a  as  may  be  determined  to  be  reasonable 
and  proportionate  to  the  injury  to  such  dependents. 

(c)  If  he  leaves  no  widow,  or  next  of  kin  so  dependent  in  whole 
or  in  part,  the  reasonable  expenses  of  his  medical  attendance  and 
burial,  not  exceeding  one  hundred  dollars.    Whatever  sum  may  be 
determined  to  be  payable  under  the  plan,  in  case  of  death  of  the 
injured  employee,  shall  be  paid  to  his  legal  representative  for  the 
benefit  of  such  dependents,  or  if  he  leaves  no  such  dependents,  for 
the  benefit  of  the  person  to  whom  the  expenses  of  medical  attend- 
ance and  burial  are  due. 

2.  Where  total  or  partial  incapacity  for  work  at  any  gainful  em- 
ployment results  to  the  employee  from  the  injury,  a  weekly  pay- 
ment commencing  at  the  end  of  the  second  week  after  the  injury 
and  continuing  during  incapacity,  subject  as  herein  provided,  not 
exceeding  fifty  per  centum  of  his  average  weekly  earnings  when  at 
work  on  full  time  during  the  preceding  year  during  which  he  shall 
have  been  in  the  employment  of  the  same  employer,  or  if  he  shall 
have  been  employed  less  than  a  year,  then  a  weekly  payment  of 
not  exceeding  three  times  the  average  daily  earnings  on  full  time 
for  such  less  period. 


598         PROPOSED  RECTIFICATION  OF  THE  LABOR  LAW. 

In  fixing  the  amount  of  the  weekly  payment,  regard  shall  be  had 
to  any  payment,  allowance  or  benefit  which  the  workman  may  have 
received  from  the  employer  during  the  period  of  his  incapacity, 
and  in  the  case  of  partial  incapacity  the  weekly  payment  shall  in 
no  case  exceed  the  difference  between  the  amount  of  the  average 
weekly  earnings  of  the  workman  before  the  accident  and  the  aver- 
age amount  which  he  is  earning  or  is  able  to  earn  in  some  suitable 
employment  or  business  after  the  accident  but  shall  amount  to  one- 
naif  of  such  difference.  In  no  event  shall  any  weekly  payment 
payable  under  the  plan  exceed  ten  dollars  per  week  or  extend  over 
more  than  eight  years  from  the  date  of  the  accident.  Any  person 
entitled  to  receive  weekly  payments  under  the  plan  is  required,  if 
requested  by  the  employer,  to  submit  himself  for  examination  by 
a  duly  qualified  medical  practitioner  or  surgeon  provided  and  paid 
for  by  the  employer,  at  a  time  and  place  reasonably  convenient 
for  the  employee,  within  three  weeks  after  the  injury,  and  there- 
after at  intervals  not  oftener  than  one  in  six  weeks.  If  the  work- 
man refuses  so  to  submit  or  obstructs  the  same,  his  right  to  weekly 
payments  shall  be  suspended  until  such  examination  shall  have 
taken  place,  and  no  compensation  shall  be  payable  under  the  plan 
during  such  period.  In  cafe  an  injured  employee  shall  be  men- 
tally incompetent  at  the  time  when  any  right  or  privilege  accrues 
to  him  under  the  plan,  a  committee  or  guardian  of  the  incompetent 
appointed  pursuant  to  law  may,  on  behalf  of  such  incompetent, 
claim  and  exercise  any  such  right  or  privilege  with  the  same  force 
and  effect  as  if  the  employee  himself  had  been  competent  and  had 
claimed  or  exercised  any  such  right  or  privilege;  and  no  limitation 
of  time  herein  provided  for  shall  run  so  long  as  said  incompetent 
employee  has  no  committee  or  guardian. 

§  11.  Settlement  of  disputes.  Any  question  of  law  or  fact 
arising  in  regard  to  the  application  of  the  plan  in  determining 
the  compensation  payable  thereunder  or  otherwise  shall  be  deter- 
mined either  by  agreement  or  by  arbitration  as  provided  in  the 
code  of  civil  procedure*  or  by  an  action  at  law  as  herein  provided. 
In  case  the  employer  shall  be  in  default  in  any  of  his  obligations 
to  the  employee  under  the  plan,  the  injured  employee  or  his  com- 
mittee or  guardian,  if  such  be  appointed,  or  his  executor  or  ad- 
ministrator, may  then  bring  an  action  to  recover  compensation 
under  the  plan  in  any  court  having  jurisdiction  thereof  as  on  a 
written  contract.  Such  action  shall  be  conducted  in  the  same  man- 
ner as  an  action  at  law  for  the  recovery  of  damages  for  breach 


PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW.         599 

of  a  written  contract,  and  shall  for  all  purposes,  including  the 
determination  of  jurisdiction,,  be  deemed  such  an  action.  The 
judgment  in  such  action,  in  favor  of  the  plaintiff,  shall  be  for 
a  lump  sum  equal  to  the  amount  of  the  payments  then  due  and 
prospectively  due  under  the  plan.  In  such  action  by  an  executor 
or  administrator  the  judgment  may  provide  the  proportions  of 
the  award  or  the  costs  to  be  distributed  to  or  between  the  several 
dependents.  If  such  determination  is  not  made  it  shall  be  deter- 
mined by  the  surrogate's  court  by  which  such  executor  or  admin- 
istrator is  appointed,  in  accordance  with  the  terms  of  this  article 
on  petition  of  any  party  on  such  notice  as  such  court  may  direct. 

§12.  Preferential  claim;  not  assignable  or  subject  to  attach- 
ment; attorney's  fees.  Any  person  entitled  to  weekly  payments 
under  the  plan  against  any  employer  shall  have  the  same  prefer- 
ential claim  therefor  against  the  assets  of  the  employer  as  now 
allowed  by  law  for  a  claim  by  such  person  against  such  employer 
for  unpaid  wages  or  personal  services.  Weekly  payments  due 
under  the  plan  shall  not  be  assignable  or  subject  to  attachment, 
levy  or  execution.  No  claim  of  an  attorney  for  any  contingent 
interest  in  any  recovery  under  the  plan  for  services  in  securing 
such  recovery  shall  be  an  enforceable  lien  thereon,  unless  the 
amount  of  the  same  be  approved  in  writing  by  a  justice  of  the 
supreme  court,  or  in  case  the  same  is  tried  in  any  court,  before 
the  justice  presiding  at  such  trial. 

§13.  Cancellation  of  consent.  When  a  consent  to  the  plan  shall 
have  been  filed  in  the  office  of  the  county  cleric  as  herein  provided, 
it  shall  be  binding  upon  both  parties  thereto  as  long  as  the  relation 
of  employer  and  employee  exists  between  the  parties,  and  expire 
at  the  end  of  such  employment,  but  it  may  at  any  time  be  canceled 
on  sixty  days'  notice  in  writing  from  either  party  to  the  other. 
Such  notice  of  cancellation  shall  be  effective  only  if  served  per- 
sonally or  sent  by  registered  letter  to  the  last  known  post-office 
address  of  the  party  to  whom  it  is  addressed,  but  no  notice  of  can- 
cellation shall  be  effective  as  to  a  claim  for  injury  occurring 
previous  thereto. 

§14-  Reports  of  compensation  plan.  Each  employer  who  shall 
sign  with  any  employee  a  consent  to  the  plan  shall,  within  thirty 
days  thereafter,  file  with  the  commissioner  of  labor  a  statement 
thereof,  signed  by  such  employer,  which  shall  show  (a)  the  name 
of  the  employer  and  his  post-office  address,  (b)  the  name  of  the 


600         PROPOSED  RECODIFICATION  OF  THE  LABOR  LAW. 

employee  and  his  last  known  post-office  address,  (c)  the  date  of, 
and  office  where  the  original  consent  is  filed,  (d)  the  weekly  wage 
of  the  employee  at  the  time  the  consent  is  signed;  unless  such 
statement  is  duly  fled,  such  consent  of  the  employee  shall  not 
l)e  a  bar  to  any  proceeding  at  law  commenced  by  the  employee 
against  the  employer. 

§  15.  Reports  by  employer.  Each  employer  of  labor  in  this  state 
who  shall  have  entered  into  the  plan  with  any  employee  shall,  on 
or  before  the  first  day  of  January,  nineteen  hundred  and  eleven, 
and  thereafter  and  at  such  times  as  may  be  required  by  the  com- 
missioner of  labor,  make  a  report  to  such  commissioner  of  all 
amounts,  if  any,  paid  by  him  under  such  plan  to  injured  em- 
ployees, stating  the  name  of  such  employees,  and  showing  sepa- 
rately the  amounts  paid  under  agreement  with  the  employees,  and 
the  amounts  paid  after  proceedings  at  law,  and  the  proceedings 
at  law  under  the  plan  then  pending.  Such  reports  shall  be  verified 
by  the  employer  or  a  duly  authorized  agent  in  the  same  manner 
as  affidavits. 

ARTICLE  3. 

LAWS  REPEALED;  CONSTRUCTION;  WHEN  TO  TAKE  EFFECT. 

Section  16.  Laws  repealed. 

17.  Construction. 

18.  When  to  take  effect. 

%  16.  Laws  repealed.  Of  the  laws  enumerated  in  the  schedule 
hereto  annexed,  that  portion  specified  in  the  last  column  is  hereby 
repealed. 

§  17.  Construction.  The  provisions  of  this  chapter  shall  be 
construed  as  a  continuation  of  the  provisions  of  sections  two 
hundred  to  two  hundred  and  four  of  chapter  thirty-six  of  the 
laws  of  nineteen  hundred  and  nine,  as  amended  by  chapter  three 
hundred  and  fifty-two  of  the  laws  of  nineteen  hundred  and  ten, 
and  not  as  a  new  enactment. 

%  18.  This  act  shall  take  effect  immediately. 

SCHEDULE  OF  LAWS  REPEALED. 

Laws  of  Chapter  Section 

1909 $1 200-204 

1910 352 All 

§  9.  This  act  shall  take  effect  immediately. 


APPENDIX  VI 


REPOET  OF  AN  INVESTIGATION  OF  EETAIL  MEE- 
CANTILE  ESTABLISHMENTS  WITH  EEFEEENCE 
TO  THE  FIEE  HAZAED. 

BY 

FRANCES  PERKINS, 
Executive  Secretary,  Committee  on  Safety. 

ANNA  C.  PHILLIPS, 
Investigators^    D.   YERA   SABSOVICH, 
MARY  C.  HYATT. 


[601] 


REPORT  OF  AN  INVESTIGATION  OF  RETAIL  MER- 
CANTILE ESTABLISHMENTS  WITH  REFERENCE 
TO  THE  FIRE  HAZARD. 


The  Commission's  study  of  mercantile  establishments  of  neces- 
sity included  an  inquiry  into  the  fire  hazard  in  retail  establish- 
ments. Such  establishments,  especially  the  large  department 
stores,  are  practically  public  buildings,  containing  at  times  thou- 
sands of  persons  in  addition  to  large  staffs  of  employees. 

The  large  department  store  is  unique  in  that  it  combines  many 
widely  differing  activities  in  one  building ;  while  general  retailing 
is  the  business  of  these  stores,  each  store  has  its  attendant  activi- 
ties —  dependent  upon  the  size  of  the  building  and  the  character 
of  the  goods  sold.  In  addition  to  the  visible  selling  force,  large 
numbers  of  persons  are  employed  in  various  departments.  This 
non-selling  force  in  many  cases  nearly  equals  the  number  of  sales 
clerks. 

The  mechanical  force  varies  from  the  porters  in  the  smaller 
stores  to  the  staff  of  porters,  electricians,  firemen,  carpenters, 
painters  and  cleaning  women  found  in  large  establishments. 

Those  employed  in  accounting,  bookkeeping,  audit,  legal,  mail 
order,  and  transfer  departments  frequently  number  hundreds. 

Stores  having  employees'  and  customers'  restaurants,  soda 
fountains,  kitchens,  laundries  and  bakeries  require  a  correspond- 
ing number  of  waitresses,  laundresses,  cooks  and  helpers. 

Factories,  alteration  rooms,  and  different  workrooms  employ 
workers  in  varying  numbers  —  according  to  the  size  of  the  store — 
from  several  persons  to  three  or  four  hundred. 

Among  the  activities  found  in  department  stores  are  garment 
making,  wine  and  olive  bottling,  glass  cutting,  candy  making, 
photography,  perfume  manufacturing,  optical  goods  manufactur- 
ing, silver  plating,  harness  making,  lace  making,  jewelry  repair, 
toy  repair,  shoe  repair,  engraving,  shampooing,  hair  dressing  and 
manicuring.  These  miscellaneous  processes  each  have  their  em- 
ployees, the  number  depending  upon  the  size  of  the  store. 

[603] 


604         APPENDIX  VI  —  MEKCANTILE  ESTABLISHMENTS. 

A  number  of  stores  have  established  auditorium  or  concert 
halls;  other  stores  hold  large  fashion  exhibitions,  the  sections 
given  over  to  these  being  temporarily  equipped  with  both  a  seat- 
ing and  a  standing  capacity  for  hundreds  of  persons.  Thus, 
another  problem  —  that  of  the  theatre  or  place  of  public 
assembly  —  is  introduced  into  the  general  fire  protection  problem 
of  the  department  store. 

Department  stores  present  peculiarly  hazardous  conditions. 
The  enormous  open  floor  areas,  the  exposure  of  large  quantities 
of  inflammable  stock,  and  the  obvious  impossibility  of  maintaining 
discipline  among  thousands  of  customers  constitute  an  enormous 
life  hazard  in  case  of  fire  or  panic. 

Recognizing  the  unique  dangers  in  places  of  public  assemblage, 
such  as  theatres,  churches,  steamships,  concert  halls,  the  occu- 
pancy is  definitely  limited  by  law.  In  department  stores,  where 
every  device  is  employed  to  attract  visitors,  the  number  of  persons 
admitted  is  absolutely  unrestricted.  The  capacity  and  type  of 
exits  are  left  to  the  individual  owner  and  the  regulations  of  the 
local  building  authorities,  such  as  they  may  be. 

The  New  York  State  Department  of  Labor  reports  have  re- 
peatedly directed  attention  to  the  existing  conditions  in  the  mer- 
cantile establishments  of  the  State.  Noting  the  serious  conditions 
found  in  mercantile  establishments,  the  report  for  1910  states : 

"  Few  of  the  buildings  are  fireproof  and  it  is  questionable 
if  any  of  them  are  properly  equipped  with  exits  and  fire- 
escapes  from  all  parts  of  the  buildings.  It  should  be  borne 
in  mind  that  even  in  the  most  modern  building  the  fixtures 
and  the  merchandise  exposed  for  sale  are  of  the  most  inflam- 
mable nature.  When  you  consider  the  precautions  taken  as 
to  exits  and  escapes  in  theatres  one  must  marvel  that  prac- 
tically no  attention  has  been  given  to  mercantile  establish- 
ments, many  of  which  have  as  many  or  more  employees  than 
the  average  theatre  will  seat,  to  say  nothing  of  the  thousands 
of  patrons  who,  with  the  employees,  are  distributed  all  over 
the  different  parts  of  the  building  or  buildings  of  such 
establishment. 

"  It  is  a  very  conservative  estimate  to  say  that  during  the 
greater  part  of  the  day  there  are  two  patrons  in  these  stores 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         605 

to  each  employee.  This  would  mean  that  many  of  the  large 
stores  have  more  people  within  their  buildings  at  one  time 
than  could  be  seated  in  Madison  Square  Garden. 
There  are  many  employees  and  patrons  in  the  basements  of 
these  stores,  and  in  some  of  them  it  would  be  next  to  impos- 
sible to  get  them  out  in  the  event  of  fire. 

"  In  many  of  the  large  stores  the  main  stairways  adjoin 
the  elevator  shaft,  and  in  some  instances  wind  around 
elevators  that  are  not  enclosed  in  fireproof  shafts.  Such 
stairways  would  be  useless  in  case  of  fire.  One  can  see  from 
casual  observation  that  the  aisle  space  in  many  of  the  stores 
is  not  sufficient  for  the  number  of  persons  using  the  same. 
The  fact  that  permanent  and  temporary  bargain  counters 
are  placed  in  the  aisles  would  lead  to  serious  trouble  in  case 
of  fire  or  panic. 

"  In  cities  of  the  first  class  the  building  code  seems  to  give 
ample  power  to  change  existing  conditions.  Some  one 
should  be  responsible  for  changing  them  in  order  to  afford 
proper  protection  to  the  thousands  of  patrons  and  employees 
of  such  establishments,  at  least  by  properly  designating  all 
fire  exits,  having  all  doors  open  outward,  and  providing 
ample  means  of  escape  from  all  parts  of  buildings." 

The  Department  of  Labor  report  for  1911  states: 

"  In  the  report  of  last  year  attention  was  called  to  the 
inadequate  means  of  escape  in  case  of  fire  in  many  mercan- 
tile establishments.  That  report  was  written  previous  to  the 
disastrous  fire  in  the  Asch  building  in  ISTew  York  City,  where 
146  persons  lost  their  lives.  *  *  * 

"  In  mercantile  establishments  the  employees  and  patrons 
within  the  building  equal,  or  outnumber,  the  employees  in 
many  of  the  largest  of  our  factories.  In  these  mercantile 
establishments  the  peril  from  fire  or  panic  is  ever  present  — 
with  the  possibility,  in  case  of  fire  in  such  places,  that  the 
loss  of  life  in  the  recent  factory  fires  would  be  small,  in 
comparison  to  the  number  that  might  be  lost  or  injured  by 
fire  or  panic  in  some  mercantile  establishments." 


606         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

City  fire  department  officials  do  not  hesitate  to  declare  their 
constant  dread  of  such  fires,  if  occurring  during  business  hours, 
with  their  attendant  crowds. 

FIRES  IN  DEPARTMENT  STORES. 
Statistics. 

Accurate  statistics  in  regard  to  the  number,  cause,  and  dis- 
astrous results  of  department  store  fires  are  not  obtainable.  The 
city  fire  departments  have  only  records  of  fires  to  which  they  are 
summoned.  Companies  having  supervision  over  sprinkler  sys- 
tems have  records  of  fires  occurring  in  buildings  they  supervise. 
Insurance  companies  have,  perhaps,  the  greatest  number  of 
records,  comprised  almost  entirely  of  only  those  fires  for  which 
damage  is  claimed.  But  there  are  no  records  of  fires  in  establish- 
ments carrying  their  own  insurance,  nor  in  those  not  insured. 
Many  small  fires  are  suppressed  by  private  fire  brigades  made  up 
of  porters  and  other  helpers,  and  to  these  fires  the  local  depart- 
ments are  not  called  unless  the  flames  grow  beyond  the  control 
of  the  volunteer  force. 

The  information  furnished  by  these  sources  regarding  the  num- 
ber of  fires  occurring  in  mercantile  establishments  is  so  unrelated, 
and  often  so  inaccessible,  as  to  make  impossible  the  compilation 
of  any  complete  data  on  the  subject. 

Causes  and  Places  of  Origin  of  Fires. 

There  are  certain  well  recognized  sources  of  fires  in  department 
stores.  The  following  charts  were  published  by  the  National 
Fire  Protection  Association  in  a  report  based  on  the  records  of 
307  department  store  fires  occurring  between  October,  1907,  and 
December,  1913.  These  comparative  charts  show  the  causes  and 
location  of  department  store  fires  as  compiled  from  the  records 
between  May,  1894,  and  October,  1907,  and  the  causes  and  loca- 
tion of  such  fires  compiled  from  records  between  October,  1907, 
and  December,  1913,  and  give  a  comprehensive  idea  of  the 
definite  hazards  in  such  establishments. 


VI —  MERCANTILE  ESTABLISHMENTS. 


607 


COMI'ARATIYK    (  '  II  ART    1. 

Showing  Causes  of  Depart  men  f  More  Fires. 
May,  1894,  to  October,  1907.  Oct.,  1907,  to  Dec.,  1913. 


Exposure 

ncendiary 
Christmas 


C/3 

«  Waste  Chute 


Irons 

Finishing  Rags 
Kitchen  Stoves 


Irons     

Finishing  Rags       « 
Bronzing 


Boilers 
vSpontaneous 

Ignition  « 
Power  ....  ....  o 


July  4th 

Boilers 

Chimneys&  Flues 
Spon.  Ignition 
Power 

Miscellaneous 


Lighting 


Lighting 


From  the  foregoing  chart  it  will  be  seen  that  the  chief  causes 
of  fires,  wcnrding  to  number,  are: 

1.  Defective  lighting. 

2.  Waste  chutes. 

3.  Rubbish. 

4.  Smoking. 

5.  Defective  heating. 

While  the  number  of  fires  due  to  rubbish  and  defective  lighting 
lijis  docreased,  the  number  caused  by  defective  heating  and  smok- 
ing has  tripled.  The  number  originating  in  waste  chutes  —  a 


608         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

source  of  many  fires  —  remains  about  the  same.  Five  new  classi- 
fications in  the  new  record  —  namely,  Christmas,  matches,  July 
Fourth,  chimneys  and  flues,  and  lightning  —  indicate  a  growing 
recognition  of  hazardous  conditions. 

The  special  hazard  at  Christmas  is  due  to  the  fact  that  it  is 
an  almost  general  practice  to  use  decorations  in  department  stores 
at  this  tkne  in  order  to  render  them  attractive  and  draw  custom. 
Many  of  the  different  decorations  used  being  of  a  highly  inflam- 
mable nature,  their  presence  can  only  increase  the  possibility  of 
fire,  a  possibility  greatly  increased  in  those  stores  where  customers 
are  permitted  to  carry  lighted  cigars  or  cigarettes. 

The  special  hazard  in  stores  at  the  Fourth  of  July  is  due  to 
the  carrying  of  a  stock  of  fireworks  and  explosives.  The  possi- 
bility of  fires  originating  in  such  inflammable  stock  is  well 
recognized. 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 


609 


COM  PA  R  AT  i  YI-;  (-HART  II. 
Showing  Rooms  in  which  Fires  Originated. 


Basements.. 

Boiler  room 

Kitchen  or  restaurant 

Waste  and  rubbish  storage 
Waste  chute 

Storage  or  stock  room 

Shipping  and  packing 

Show  window 

Elevator  well  and  pit 


Furniture  .. 


Dry  goods  and  dressmaking. 


General  Salesrooms 


J  New  Record". 

Old  Record. 

The  most  common  places  of  origin  of  fires  in  department  stores, 
by  number,  with  their  general  causes,  are: 

1.  Basements.     Defective  heating  or  lighting,  smoking,  and 
unsafe  use  of  packing  materials.     The  most  striking  feature  of 
the  foregoing  chart  is  that  these  fires  have  more  than  doubled. 

2.  Storage  or  stock  rooms.     Defective  heating  and  lighting, 
and  smoking. 

NOTE:     "  New  Record  "  —  October,  1907  —  December,  1913. 
"  Old  Record  "  —  May,  18D4  —  October,  1907. 

20 


f>10         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

3.  General    salesrooms.      Defective     heating     and     lighting, 
smoking.     The  increased  number  of  fires  in  geneial  salesrooms, 
coincident  with  the  increased  number  of  h'res  due  to  smoking,  is 
indicative  of  the  careless  attitude  of  store  managers,  toward  this 
hazard. 

4.  Waste  chutes.     Friction,  smoldering  discarded  cigar  and 
cigarette  ends. 

5.  Waste  and  rubbish  storage. 

6.  Boiler  rooms.      Non-fireproof   enclosures,   hot   ashes,   oily 
waste. 

7.  Kitchens  or  restaurants.     Unprotected  stove  pipes,  grease 
and  soot  in  chimneys  and  ventilating  flues. 

8.  Show  windows.     Defective  wiring. 

9.  Shipping  and  packing.     Smoking,  and  carelessness  in  use 
of  packing  materials. 

10.  Drygoods   and   dressmaking.      Use   of   gas    and    electric 
irons,  the  latter  often  left  with  current  on  when  not  equipped 
with  pilot  lights;  use  of  cleansing  fluids. 

11.  Furniture.     Use  of  shellacs,  varnishes,  alcohol  in  furni- 
ture finishing  and  polishing. 

12.  Elevator  wells  and  pits.     Defective  wiring,  smoking,  and 
rubbish. 

DETAILS  OF  THE  INVESTIGATION. 

The  Commission's  study  of  the  fire  hazard  in  mercantile  estab- 
lishments included  many  department  stores  and  some  small  retail 
mercantile  establishments.  It  was,  of  course,  impossible  to  visit 
every  mercantile  establishment  in  the  State  of  New  York;  but 
in  order  to  make  the  work  as  comprehensive  and  as  illustrative 
as  possible  of  the  conditions  which  actually  exist,  eighty  estab- 
lishments were  selected  as  the  basis  of  the  study. 

Forty-four  stores  were  located  in  the  cities  of  Albany,  Buffalo, 
Rochester,  Schenectady,  Syracuse,  Troy  and  Utica;  while  thirty- 
six  were  located  in  New  York  City,  in  the  boroughs  of  Manhattan 
and  Brooklyn.  , 


API'KXDTX   VI  -       M  KKOANTTT.E   ESTABLISHMENTS.  611 

These  eighty  retail  mercantile  establishments  consisted  of  sixty- 
*ix  department  stores,  three  five-and-ten-cent  stores,  and  eleven 
special  dry  goods  stores. 

Where  a  wholesale  business  was  conducted  on  the  premises  of 
any  of  these  establishments  it  was  included  in  the  investigation. 
Wholesale  departments,  packing,  shipping,  receiving,  power 
plants,  employees'  lunch  or  locker  rooms,  when  not  on  the  prem- 
ises, were  not  included  in  the  investigation. 

Each  establishment  was  visited  and  a  complete  survey  made  by 
an  investigator  trained  in  building  inspection  and  familiar  with 
the  best  methods  of  fire  prevention. 

Specific  information  was  procured  as  to  the  following: 

1.  Location  and  type  of  exit  facilities; 

2.  Capacity  of  exits; 

3.  The  existence  of  fire  walls  and  the  extent  to  which  such 
fire  walls,  when  present,  had  been  developed  as  a  means  of  exit ; 

4.  Exit     facilities     from     basement     when     used     by     the 
establishment ; 

5.  Arrangement  of  aisles  for  facilitating  egress; 

G.  Maintenance,  with  special  reference  to  condition  of  exits ; 

7.  Distribution  of  inflammable  stock; 

8.  Disposition  of  inflammable  waste ; 

9.  Storage  and  use  of  inflammable  packing  materials ; 

10.  Special  plan,  if  any,  for  facilitating  egress  in  case  of  fire 
or  panic; 

11.  The  extent  to  which  manufacturing  was  carried  on  in 
these  establishments,  and  the  special  precautions  taken  to  insure 
safety  to  the  persons  thus  employed. 

The  investigation  thus  falls  under  the  two  general  classifica- 
tions of  Construction  and  Maintenance. 

CONSTRUCTION. 

In  each  building  the  main  features  of  construction  covered 
were: 

1.  Type  of  construction; 

2.  Areas ; 


APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

o.  Open  wells  and  rotundas ; 

4.  Waste  arid  package  chutes ; 

5.  Stairways ; 

6.  Basement  exits; 

7.  Street  exits; 

8.  Exterior  escapes; 

9.  Elevators ; 

10.     Fire  walls  and  horizontal  exits. 

Buildings  are  usually  classified  as  to  construction  as:  Joisted 
or  quick  burning  construction;  slow  burning,  or  mill  construc- 
tion ;  fire  resistive. 

In  this  study  of  department  stores,  buildings  combining  fire 
resistive  and  quick  burning  construction,  with  no  separating  fire 
walls,  are  classified  as  quick  burning. 

It  was  found  that  department  stores  were  housed  in  buildings 
of  widely  differing  construction,  varying  from  the  converted  dwell- 
ing house,  with  its  utter  lack  of  safety,  to  the  new  building  of 
fire  resistive  construction  having  Philadelphia  smokeproof  towers 
in  addition  to  enclosed  stairways.  Although  the  type  of  building 
has  changed,  the  stock  is  still  of  an  inflammable  nature  and  the 
possibility  of  fire  and  panic  in  department  stores  is  constantly 
present. 

Retail  mercantile  establishments  in  many  instances  were  found 
housed  in  old  buildings,  sixteen  being  located  in  buildings  over 
forty  years  old.  While  many  of  these  are  of  slow-burning  or  mill 
construction,  they  also  present  conditions  of  great  fire  hazard. 
The  large  amount  of  wood  finish  and  the  unprotected  vertical 
openings  between  floors,  such  as  open  elevator  shafts,  open  esca- 
lators, open  wood  stairways  and  open  wells,  encourage  the  rapid 
spread  of  fire. 

These  same  conditions  are  present  in  buildings  of  a  later  date, 
when  iron  was  being  used.  Department  store  buildings  are  prob- 
ably the  only  public  buildings  to  which  people  are  admitted  in 
unlimited  numbers,  in  which  the  old-fashioned  wood  and  iron 
construction  prevails. 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         613 

The  majority  of  stores  of  more  recent  construction  have  fire- 
proof enclosures  for  all  vertical  openings  and  efforts  are  being 
made  constantly  to  limit  the  extent  of  possible  fires. 

It  is  a  remarkable  fact  that,  while  modern  building  codes  have 
insisted  upon  fireproof  construction  and  fire  prevention  methods 
where  additions  or  new  buildings  have  been  built,  these  new 
structures  are  frequently  found  connected  with  very  old  types  — 
this  often  completely  nullifying  whatever  protection  the  newer 
typo  of  building  is  supposed  to  give. 

In  many  cases  as  the  business  of  stores  has  increased,  adjoining 
buildings  have  been  annexed.  In  the  linking  up  of  various  build- 
ings, creating  many  different  levels,  the  human  element  has  had 
little  or  no  consideration  in  the  planning  of  areas,  stairways,  or 
exits. 

The  converting  of  former  party  walls  into  fire  walls,  which  was 
f requently  found  in  such  combinations  of  buildings,  has  been  done 
primarily  to  lower  the  insurance  rates  on  buildings  and  stock.  In 
some  cases  these  fire  walls  actually  constitute  horizontal  exits,  but 
they  are  not  so  indicated,  and  neither  employees  nor  the  general 
public  have  been  educated  to  depend  on  them  as  exits. 

There  is  a  fixed  tradition  in  department  store  management  that 
large  areas  of  space  are  the  leading  features  necessary  to  effective 
display.  This  idea  is  carried  to  such  extremes  that  store  manage- 
ments believe  large  areas  so  essentially  a  part  of  selling  attractive- 
ness that  they  are  unwilling  to  subdivide  areas  in  order  to  provide 
for  horizontal  escapes.  This,  in  face  of  the  fact  that  several  notably 
successful  stores  have  subdivided  their  areas  and  consider  it  no 
detriment  to  their  business  to  have  the  satisfaction  of  an  addi- 
tional safeguard.  It  is  a  lamentable  fact  that  in  a  majority  of 
department  stores  this  fixed  idea  of  large,  unbroken  areas  per- 
sists, and  the  managements  remain  oblivious  to  this  most  modern 
and  up-to-date  practice  of  more  progressive  stovos. 

I.     TYPE  OF  CONSTRUCTION. 

Of  the  eighty  retail  mercantile  establishments  investigated 
sixty-two  per  cent,  were  in  non-fire  resistive  buildings  Over  fifty 
per  cent,  of  these  stores  were  in  two  or  more  buildings,  eight  being 
located  in  four  buildings  or  more.  Fire  walls  having  all  openings 


614         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

protected  by  fire  doors  were  found  in  eight  of  these  stores  —  old 
party  walls  being  utilized  in  this  way.  Eight  per  cent,  were  in 
buildings  of  slow-burning  or  mill  construction.  The  majority  of 
these  comprised  two  buildings  —  four  of  them  with  party  walls 
converted  into  fire  walls,  having  fire  doors  at  all  openings.  Thirty 
per  cent,  of  the  buildings  were  fire  resistive.  In  sixteen  of  these, 
the  stores  Avere  located  in  two  or  more  buildings,  with  no  separat- 
ing fire  walls. 

The  interior  finish  of  old  stores  is  always  wood;  but  in  the 
stores  of  most  recent  construction,  hollow  metal  or  fire  resistive 
wood  are  used  whenever  possible. 

Much  has  been  done  to  protect  the  valuable  stock  in  stores.  The 
insurance  companies  suggest  safeguards  of  all  kinds,  the  installa- 
tion of  which  lowers  the  rate  for  the  store  owner. 

II.     AREAS. 

It  is  the  theory  of  many  merchants  that  large,  unbroken  areas 
with  a  profuse  display  of  a  great  variety  of  stock,  create  an  im- 
pression upon  customers  which  increases  sales.  Notwithstanding, 
fifteen  stores  included  in  this  study  had  fire  walls  —  party  walls 
having  been  cut  through  and  the  openings  protected  by  fire  doors. 
There  were  usually  two  such  openings  on  a  floor,  six  to  ten  feet 
wide,  the  doors  being  in  the  majority  of  cases  horizontal  sliding 
doors. 

In-  a  single  store  two  and  three,  even  as  many  as  four  and  five 
buildings  were  found  separated  in  this  manner.  These  have  been 
recommended  usually  by  insurance  companies  and  are  sometimes 
called  "  fire  stops."  As  the  majority  of  buildings  so  treated  are 
very  old,  the  fire  hazard  is  great  and  the  insurance  rate  is 
materially  lowered  by  the  development  of  this  safeguard. 

In  the  following  five  tables  the  eighty  stores  visited  are  classified 
as  to  areas.  The  facts  tabulated  are : 

1.  Height  of  building: 

2.  Number  of  buildings  comprising  each  store: 
i>.     Area  in  square  feet: 

4.  Number,  type  and  capacity  per  floor  of  stairways: 

5.  Fire  walls  developed  from  party  walls. 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         615 


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C20         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

Many  other  department  stores  housed  in  numbers  of  connected 
buildings  could,  at  no  great  expense,  convert  existing  party  walls 
into  fire  walls,  adding  greatly  —  in  event  of  accident  or  fire  —  to 
the  safety  of  the  public  and  of  their  employees. 

III.  OPEN  WELLS  AND  ROTUNDAS. 

Thirty-five  per  cent.,  or  twenty-eight  of  all  stores  visited  had 
open  wells  or  rotundas. 

Of  thirty-one  open  wells  or  rotundas  found  in  the  twenty-eight 
stores : 

Eight  were  in  unsprinklered  buildings; 

Eour  were  in  buildings  equipped  with  sprinkler  systems,  but 
had  no  sprinkler  protection  over  the  wells. 

Number  of  open  wells  and  rotundas  in  buildings  classified  as  to 
construction:  Fire  resistive,  12;  mill  construction,  4;  quick 
burning,  15. 

When  in  addition  to  the  large  horizontal  areas  found  in  depart- 
ment stores,  unprotected  vertical  openings  such  as  wells  and  rotun- 
das are  permitted,  in  both  quick  burning  and  fire  resistive  build- 
ings, conditions  hazardous  in  the  extreme  are  the  result.  The 
rapidity  with  which  fire  and  smoke  spread  through  buildings 
where  such  openings  exist  could  cause  serious  panic,  if  not  great 
loss  of  life,  if  a  fire  occurred  in  stores  so  constructed  when 
crowded  with  customers. 

These  features  are  intended  for  effect  or  to  introduce  more  light 
to  lower  floors.  Whatever  the  intention  when  constructed,  they 
cannot  fail  to  be  a  menace  in  buildings  used  for  stores. 

The  enclosing  of  such  openings  between  floors  in  fire-resisting 
materials  would  undoubtedly  lessen  the  spread  of  possible  fires 
and  would  certainly  prevent  the  diffusion  of  smoke  throughout  the 
building. 

IV.  WASTE  AND  PACKAGE  CHUTES. 

Waste  Chutes. 

Waste  chutes  are  enclosed  shafts  continuous  throughout  depart- 
ment store  buildings,  with  openings  on  nearly  eVery  floor.  They 
are  used  for  the  removal  of  the  large  amounts  of  waste  paper,  card- 
board boxes,  and  old  packing  materials  that  accumulate  in  stores. 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         621 

Such  waste  being  combustible,  and  waste  chutes  being  the  source 
of  many  fires,  precautions  are  taken  to  confine  any  fires  to  fire- 
resistive  enclosures.  The  chutes  are,  in  the  majority  of  stores, 
either  bricked  enclosures  or  metal-lined  chutes  in  brick  enclosures. 
Such  chutes  are  fire  resistive  and  are  provided  with  manual  or 
automatic  fire  resistive  doors  at  all  openings.  The  waste  falls  to 
the  bottom  of  the  shaft  and  is  sorted  from  the  rubbish  and  baled, 
usually  in  a  fire  resistive  room;  some  stores  have  special  rubbish 
incinerators  adjoining  these  baling  rooms. 

The  quick  burning  waste  chutes  were  found  outside  of  New 
York  City  and  were  usually  open  wooden  shafts  or  holes  in  the 
floors,  the  waste  being  thrown  down  these  to  the  basement. 

Nineteen  stores  had  waste  chutes,  six  of  which  were  of  quick 
burning  construction. 

The  following  are  examples  of  quick  burning  waste  chutes  and 
the  type  of  building  in  which  they  exist : 

Example  1. — The  waste  is  thrown  down  an  open  chute  from  the 
first  floor  to  the  boiler-room  floor.  The  walls  and  partitions  are 
wood,  some  papered ;  floor  stone  and  wood  in  the  boiler  room. 
The  ceiling  is  low  and  wood  beamed.  The  store  is  unsprinklered 
and  the  conditions  hazardous  in  the  extreme. 

Example  2. — There  are  two  open  wooden  chutes  with  openings 
on  the  first  and  second  floors,  under  counters.  The  waste  paper  is 
swept  up  and  thrown  down  these  openings,  the  paper  being  baled 
in  the  basement,  the  boiler  being  located  here  also. 

Example  3. —  Open  wooden  chute  first  floor  to  basement  to  an 
open  wooden  enclosure.  Two  unprotected  furnaces  in  basement. 

These  waste  chutes  were  found  in  the  smaller  stores;  the  em- 
ployees in  these  establishments  are  less  affected  by  discipline  than 
in  the  larger  stores,  where  carelessness  is  more  quickly  detected 
and  fire  protection  regulations  strictly  enforced. 

Package  Chutes. 

Package  chutes  include  dumbwaiters,  package  conveyors  of  dif- 
ferent kinds,  inclined  wooden  chutes  and  fire  resistive  spiral 
chutes.  They  were  found  varying  in  height  from  the  chute  be- 


622         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

tween  the  main  floor  and  the  basement,  to  the  chute  leading  from 
the  tenth  floor  to  the  basement. 

Quick  burning  package  chutes  were  found  in  both  large  and 
small  stores. 

Thirty-eight  stores  had  package  chutes. 

Of  fifty-five  such  chutes  located  in  the  thirty-eight  stores,  six- 
teen were  quick  burning. 

In  four  stores  the  conditions  found  were  as  follows: 

Example  1. —  New,  quick  burning  building.  Wooden  dumb- 
waiter basement  to  second  floor.  In  basement  great  deal  of  trash 
and  excelsior  at  bottom  of  enclosure.  Furnace  in  asbestos-lined 
room  with  no  door. 

Example  2. —  Store  consists  of  two  buildings,  one  in  process  of 
fire  resistive  reconstruction  and  the  other  fifty  years  old.  No 
division  of  old  and  new  construction.  Upper  floors  completed  and 
public  admitted.  Sprinkler  system  cut  off  from  two-fifths  of  store 
while  building  is  going  on.  One  open  wood  dumbwaiter  first  floor 
to  fourth  floor.  One  wood  dumbwaiter  first  floor  to  basement 
parcel  room.  Both  located  in  old  part  of  store.  A  great  deal  of 
rubbish  and  waste  at  bottom  of  freight  elevator  shaft;  also  rub- 
bish in  engine  room. 

Example  3. —  Premises  consist  of  six  connected  buildings,,  both 
fire  resisting  and  quick  burning.  Chutes  located  in  section  about 
thirty  years  old.  Two  wooden  chutes,  one  first  floor  to  basement, 
one  second  floor  to  basement.  Large  engine  and  boiler  rooms  sub- 
basement  ;  wine-bottling  and  storage  of  alcohols  in  another  section 
of  sub-basement. 

Example  4. —  Store  consists  of  five  buildings  and  has  two  fire 
walls  with  protected  openings  each  floor.  Buildings  about  four- 
teen to  thirty  years  old.  Three  wood  chutes  for  package  con- 
veyors, from  basement  to  seventh  floor.  Engines  and  boilers  sepa- 
rate buildings.  This  store  has  discontinued  use  of  a  fire  resisting 
waste  chute. 

Non-fire-rosistive  waste  and  package  chutes  are  unprotected  ver- 
tical openings  between  floors  and  are  definite  structural  hazards ; 
they  not  only  act  as  flues  in  case  of  fire,  but  as  avenues  for  the 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         623 

rapid  spread  of  flames  and  smoke  throughout  buildings.  The  fire 
which  recently  almost  destroyed  a  department  store  in  this  state, 
when  discovered,  was  in  the  basement.  The  fire  spread  so  rapidly 
upward  through  unprotected  openings  that  in  five  minutes  it  had 
reached  the  top  of  the  building. 

Too  much  emphasis  cannot  be  given  to  the  grave  danger  involved 
in  the  continued  use  of  such  chutes  and  the  possible  disaster  to  the 
occupants  of  a  store  so  equipped,  in  event  of  fire. 

V.      STAIRWAYS. 

The  type,  number  and  capacity  of  stairways  in  the  department 
stores  bear  no  relation  to  their  use  as  emergency  exits  for  large 
numbers  of  persons.  The  newer  buildings  have  fire  resistive 
enclosed  stairways  and  a  few  of  the  older  buildings  have  what 
were  formerly  open  stairways,  enclosed  in  fire-resisting  material. 

Seventy-five  per  cent.,  or  sixty,  of  the  stores  investigated  had  no 
stairways  enclosed  in  fire-resisting  material. 

Twenty  stores  had  one  or  more  fire-resisting  enclosed  stairways. 

Only  four  stores  had  every  stairway  enclosed  in  fire-resisting 
material. 

The  following  table  shows  the  stairway  facilities  existing  in  the 
foregoing  60  stores: 


624 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 


TABLE  OF  SIXTY  STORES  HAVING  NO  CONTINUOUS  FIREPROOF  ENCLOSED 

STAIRWAYS. 

Data  tabulated:  1.  Number  of  buildings  comprising  stores; 

2.  Height  of  buildings ; 

3.  Area; 

4.  Stairways  —  type  of  open  stairways  and  capacity  per  floor. 


No. 

Number 
build- 
ings. 

Number 
stories. 

Area  in 
sq.  ft. 

STAIR  WATS. 

No. 

Capacity. 

OPEN. 

Continuous. 

Broken. 

1 

2 

3&'3 

2,000  — 

1 

10 

0 

1 

2 

1 

«           2 

2,645 

1 

60 

1 

0 

3 

2 

3       5 

3,900 

1 

40 

1 

0 

4 

1 

2 

3,990 

2 

196 

2 

0 

5 

2 

:  3"&3 

4,260 

2 

125 

0 

2 

6 

1 

5 

4,500 

2 

58 

1 

1 

7 

1 

3 

4,940 

2 

88 

1 

1 

8 

2 

3&4 

5,000 

1 

90 

1 

0 

9 

1 

6 

5,000 

3 

150 

2 

1 

10 

2 

5,000 

1 

130 

0 

1 

11 

4 

5,280 

2 

72 

2 

0 

12 

4-4-4-4 

5,700 

2 

102 

2 

0 

*13 

3 

6,200 

1 

40 

0 

*1 

14 

5 

6,300 

1 

50 

0 

1 

15 

3 

6,380 

1 

100 

0 

1 

16 

5 

6,600 

2 

75 

1 

1 

17 

4 

6,400 

3 

135 

3 

0 

18 

3 

5-5-5 

7,500 

2 

105 

2 

0 

19 

1 

3              7.500 

2 

100 

0 

2 

20 

3 

2-2-2 

7,500 

4 

108 

4 

0 

21 

1 

2 

8,000 

2 

102 

2 

0 

22 

3 

2-3-4 

8,400 

2 

130 

1 

1 

23 

1 

4 

8,844 

1 

46 

1 

0 

24 

2 

5&4 

9,600 

3 

150 

3 

0 

25 

2 

3  &  4 

9,900 

1 

40 

0 

1 

26 

2 

4  &4 

10,790 

2 

90 

1 

1 

27 

1 

4 

11,250 

3 

130 

3 

0 

28 

1 

7 

12  ,000 

3 

274 

3 

0 

29 

1 

2 

13,400 

3 

260 

3 

0 

30 

2 

3&6 

13  ,480 

3 

220 

2 

1 

31 

1 

6 

13,800 

2 

100 

2 

0 

32 

2 

4&4 

13,860 

1 

40 

2 

0 

33 

2 

5&6 

14,280 

2 

.100 

1 

1 

34 

3 

3-4-1 

15,750 

1 

90 

1 

0 

35 

2 

2  &2 

16,500 

1 

90 

1 

0 

36 

2 

4&4 

17  ,480 

1 

118 

1 

0 

37 

3 

6-4-4 

18,480 

2 

95 

1 

1 

38 

1 

5 

18,500 

3 

140 

2 

1 

39 

1 

.    3 

18,515 

3 

255 

1  - 

2 

40 

2 

4*-5 

18,615 

3 

120 

3 

0 

*41 

1 

9 

20,000 

2 

90 

1 

*1 

42 

3 

1-1-5 

20,500 

2 

90 

2 

0 

43 

4 

3-3-3-3 

21  ,750 

4 

270 

3 

1 

44 

2 

4&4 

22,300 

2 

240 

2 

0 

45 

4 

2-4-5-5 

22,500 

3 

215 

2 

1 

46 

3 

4-5-5 

22,500 

6 

288 

6 

0 

47 

2 

6  &4 

22,500 

3 

200 

3 

0 

48 

3 

6-6-6 

25,000 

4 

230 

4 

0 

49 

1 

5 

26  ,000 

2 

110 

2 

0 

50 

6 

4-3-1 

30  ,000 

3 

215 

3 

0 

51 

3 

9-5-2 

30,000 

3 

215 

3 

0 

52 

4 

7-3-2-5 

30,375 

5 

350 

4 

1 

53 

4 

7-3-3-2 

36,168 

3 

170 

3 

0 

54 

4 

6-6-6-6 

43  ,080 

5 

400 

2 

Other  3  f.  r. 

encl.  but 

broken  flights 

*55 

3 

9-5-2 

49,925 

4 

672 

4 

*0 

56 

1 

4 

50,000 

5 

404 

5 

0 

57 

6 

3-6-61 

58  ,000 

5 

323 

5 

0 

58 

3 

5&7 

66,000 

9 

616 

9 

0 

59 

5 

2&6 

70  ,825 

5 

545 

5 

0 

*60 

1  . 

n 

100,000 

6 

730 

6 

*() 

*  NOTE-  No.  13  —  Capacity  80  per  floor  from  2nd  floor  down;  40  above  2nd  floor. 
No.  41  —  Capacity  200  per  floor  from  2nd  floor  down ;  90  above  2nd  floor. 
No.  55  —  Capacity  1020  per  floor  from  2nd  floor  down ;  672  above  2nd  floor. 
No.  60  —  Capacity  1070  per  floor  from  3rd  floor  down ;  730  above  3rd  floor, 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         625 

It  must  be  recognized  from  this  table  that  in  the  majority  of 
these  stores  the  stairways  are  both  inadequate  and  defective  as 
safe  exits  —  the  two  examples  here  given  are  typical  illustrations 
of  this  fact. 

Example  1  is  a  building  ten  years  old,  nine  stories  high,  of  fire 
resistive  construction.  This  building,  with  an  area  of  20,000 
square  feet,  has  two  open  staircases  with  but  a  total  capacity  of  92 
persons  per  floor  above  the  second  floor ;  one  of  these  ends  on  the 
second  floor;  no  fire-escapes.  From  the  second  floor  to  the  first 
floor,  a  centre  stairs  in  an  open  rotunda  has  a  capacity  of  150. 
The  store  had  over  1,300  employees  during  the  Christmas  rush 
season.  The  restaurant  on  the  ninth  floor  has  a  capacity  of  400, 
and  is  often  full. 

Example  2  is  a  building  over  forty  years  old,  of  quick  burning 
construction,  consists  of  three  buildings  one,  three  and  four  stories 
high.  The  store  has  an  area  of  15,750  square  feet  and  has  140 
employees.  There  is  one  open  wooden  stairs  with  a  capacity  of 
50  persons  per  floor;  the  only  other  stairway  is  a  narrow  spiral 
iron  stair,  similar  to  those  used  in  boiler  rooms,  extending  from 
the  fourth  floor  to  the  basement.  This  is  worse  than  useless.  The 
building  has  a  fire-escape  with  a  capacity  of  ten  persons  per  floor. 

The  capacity  of  a  stairway  per  floor  as  here  given  is  the  num- 
ber of  persons,  moving  in  a  slow,  orderly  manner,  which  that  par- 
ticular stairway  could  accommodate.  The  capacity  of  the  same 
stairway  in  event  of  panic  would  be  greatly  lessened. 

Throughout  the  stores  visited  one  of  the  most  serious  features 
found  regarding  stairways  was  the  location  with  reference  to  street 
exits.  Serving  as  exits  from  upper  floors,  stairways  should  empty 
near  street  exit  doors.  This  was  not  found  to  be  the  case  in  by 
far  the  greater  number  of  stores.  The  stairways  that  empty  in 
the  centre  of  stores  are  of  little  use  as  safe  exits;  people  from 
upper  floors,  retaining  little  idea  of  the  location  of  street  exits, 
would  be  helpless  in  the  rush  to  get  out  of  a  building  so  con- 
structed. 

It  will  be  seen  from  the  table  given  that  four  stores  have  greatly 
increased  stairway  capacity  for  the  lower  floor  or  floors.  These 
stores  have  "  grand  stairways,"  built  principally  for  effect ;  such 


626         APPENDIX  VI--  MKI:<  AVHLK  ESTABLISHMENTS. 

stairways  can  only  be  a  menace,  being  wholly  unsafe  as  exits, 
located  —  as  they  are  —  in  the  centre  of  the  buildings  and  remote 
from  any  street  exits. 

Such  conditions  as  the  foregoing  show  an  utter  lack  of  pro- 
vision for  extraordinary  circumstances.  The  common  use  of  ele- 
vators make  these  stairways  adequate  for  any  ordinary  use,  but 
they  are  utterly  inadequate  for  emptying  the  upper  floors  in  case 
of  accident.  These  conditions  reflect  the  seeming  absence  of  re- 
sponsibility on  the  part  of  owners,  managers  and  the  local  building 
departments,  for  the  real  safety  of  the  public. 

VI.     BASEMENT  EXITS. 

In  the  extension  of  the  business  of  department  stores,  basements 
originally  used  for  packing,  stock  and  service  are  now  largely 
occupied  by  salesrooms,  locker  rooms,  lunch  counters,  restaurants 
and  tube  rooms  as  well,  thus  enormously  increasing  the  occupancy 

-  both  of  employees  and  patrons  —  at  all  times. 

The  National  Fire  Protection  Association  charts,  previously 
quoted,  show  that  the  number  of  fires  in  basements  has  more  than 
doubled  in  the  past  seven  years.  Despite  this  fact,  in  forty  per 
cent,  of  the  stores  visited  no  direct  exits  to  the  street  had  been 
provided ;  the  old  stairways  leading  to  the  main  floor,  intended  to 
'be  used  by  but  a  few  persons,  are  usually  the  only  means  of  exit  for 
the  largely  increased  numbers  who  now  use  these  basements.  The 
buildings  of  most  recent  construction,  with  but  few  exceptions, 
have  provided  these  most  necessary  direct  exits  from  basement  to 
street,  many  of  them  being  enclosed  in  fire  resistive  material. 
The  following  table  shows  the  number  and  type  of  "Stairways 

from  the  basements  in  32  stores  having  no  direct  exit  to  the  street. 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         627 


TABLI:  snmvix<;  TIIK  AREA,  NUMBER  OF  STAIRWAYS  AND  TYPE  IN  32 

STORKS    HAVING   NO   DIRECT   EXITS   FROM   BASEMENT  TO   STREET. 


STAIRWAYS 

Area 
sq.  ft. 

TYPE. 

No. 

Open. 

F.  R. 
encl. 

Special  note. 

18  396 

2 

2 

o 

5*280 

I 

1 

o 

* 

13*480 

3 

3 

0 

12  790 

2 

2 

o 

6  [600 
19,500 
17,480 
5  000 

1 
1 
1 
I 

1 
1 
1 
1 

0 
0 
0 

o 

1  stair  to  street,  narrow  (dark,  locked). 
1  stair  to  street  in  kitchen  (dark,  locked). 

18,750 
13  303 

1 

2 

1 
2 

0 

o 

1  stair  to  street  from  boiler  room. 

13,860 
8  844 

1 
I 

1 
1 

0 

o 

21  950 

2 

2 

o 

1 

44  070 

10 

10 

o 

19,000 
31    170 

2 
2 

2 
2 

0 

o 

1  stair  to  street  from  boiler  room. 

21   750 

1 

1 

o 

6  380 

I 

1 

o 

16*500 

2 

2 

o 

6  250 

I 

I 

o 

25,000 
18  500 

3 

2 

3 

2 

0 

o 



5,000 
4  500 

2 
2 

2 

2 

0 

o 



12  500 

2 

2 

o 

83  000 

3 

o 

3 

" 

5,700 
5,000 
75  000 

1 
1 
1 

1 
1 
1 

0 
0 

o 

1  stair  to  street,  blocked  and  locked. 

12  000 

9 

2 

o 

29  500 

5 

5 

o 

8  000 

1 

1 

o 

Although  the  term  "  Basement "  is  given  to  these  sections  of 
stores,  they  are  really  cellars  and  it  must  be  borne  in  mind  that 
they  are  in  most  cases  situated  entirely  below  the  street  level. 

VII.      STREET  EXITS. 

The  observations  made  regarding  stairway  provisions  in  depart- 
ment stores  are  equally  true  of  street  exits — that  they  are  sufficient 
for  ordinary  use  but  entirely  inadequate  for  a  demand  that  may 
arise  at  any  moment.  This  is  especially  so  of  small  stores  facing 
(in  one  sired  only.  They  have  one  means  of  exit — the  main 
entnmee  doors  —  and  if  this  is  cut  off  escape  from  tlie  building 
would  be,  in  many  cases,  impossible. 

Tii  all  stores  the  street  floor  is  the  most  crowded  floor,  and  since 
the  show  windows  are  so  built  as  to  be  useless  as  means  of  exit 


628         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

the  size,  number  and  location  of  the  street  doors  are  important 
factors  of  safety.  In  few  stores  covered  by  this  investigation 
were  the  street  exit  doors  adequate. 

A  grave  and  unrecognized  danger  is  that  created  by  the  re- 
moteness of  stairways  from  exit  doors.  The  stairways  seldom 
empty  directly  on  the  street  exits  and  often  end  in  the  open  ground 
floor  area,  50  or  TO  feet  from  any  street  door. 

Revolving  doors  were  found  in  ten  stores  —  some  of  these  were 
of  the  type  known  as  "  panic  proof  "  doors,  as  they  collapse,  leav-. 
ing  a  free  passage  when  severe  pressure  is  put  upon  them.  Other 
revolving  doors  were  not  of  this  type  and  can  only  be  made  to  col- 
lapse when  adjusted  by  a  person  familiar  with  the  particular 
method.  These  revolving  doors  are  popular  because  they  lessen 
the  amount  of  cold  air  which  enters  stores  subjecting  the  sales 
people  to  draughts,  but  this  protection  should  not  be  provided  at 
the  expense  of  creating  a  hazardous  condition  for  large  numbers 
of  people.  Two  sets  of  doors,  with  super-heated  vestibules  are  in 
use  in  many  stores,  providing  safe  egress  and  also  .preventing  the 
entrance  of  cold  air. 

Twenty-five  per  cent,  of  the  stores  had  one  or  more  street  doors 
that  opened  in  —  other  street  doors  in  the  same  buildings  opened 
out,  but  that  any  direct  means  of  exit  is  maintained  in  an  obviously 
unsafe  manner  is  indicative  of  the  disregard  for  safety  found  in 
many  stores. 

VIII.     EXTERIOR  ESCAPES. 

Exterior  escapes  on  buildings  may  be  exterior  stairs  or  fire- 
escapes. 

Seventeen  stores  had  exterior  stairs  —  these  are  the  newer  type 
of  exterior  escape  and  provide  a  safe  and  direct  exit  to  the  street. 

Windows  or  doors  giving  on  exterior  escapes  were  seldom  found 
to  be  glazed  with  wrire  glass.  The  use  of  plain  glass  in  such  cases 
endangers  the  lives  of  people  compelled  to  leave  a  building  by  this 
means. 

Fifty  per  cent,  of  the  stores  had  old-fashioned  fire-escapes.  One 
store  having  an  escape  is  not  included  in  this  number ;  the  escape 
was  utterly  inaccessible,  the  only  entrance  to  it  being  a  window 
covered  with  heavy  wire  mesh. 


APPENDIX  VI  -     MKRC  \\TIU-:  KST  \HI  JSIFMKXTS. 

Kive  stores  had  both  exterior  stairs  and  tire-escape-'.  Fourteen 
MO  ITS  having  exterior  escapes  had  in  addition  horizontal  exits  on 
three  or  more  floors. 

The  following  table  shows  the  character  of  stairway  exit  pro- 
vided in  23  stores  having  no  exterior  escapes  or  horizontal  exits. 


030 


\7T  --  MEHCANTTL-R 


VI  -  *  MEBCANTILB  ESTABLISHMENTS.         031 

IX.     ELEVATORS —  FKEIGHT  ANJ>  PASSENGER. 

Sixty-eight  stores  had  elevators,  either  passenger  or  freight  or 
both. 

In  58  per  cent,  of  these  stores  the  elevator  shafts  were  iion- 
fire  resistive. 

Twenty-seven  stores  had  all  shafts  enclosed  in  fire-resisting 
material.  Very  few  freight  elevators  are  in  non-fire  resistive 
enclosures;  even  in  very  old  stores,  these  have  been  protected,  one 
store  having  an  asbestos  casing  between  two  wood  casings. 

In  addition  to  the  lack  of  adequate  stairway  facilities  existing 
in  most  of  the  stores  is  the  serious  neglect  of  safeguarding  ele- 
vators, upon  which  store  managements  chiefly  depend  to  remove 
people  from  the  upper  floors  in  case  of  accident. 

Elevator  shafts  are  vertical  openings  between  floors  and  as  such 
should  be  made  at  least  fire  resisting.  They  were  found  fre- 
quently to  be  enclosed  in  fire-resisting  materials  for  a  few  floors 
only,  as  in  one  of  the  stores  of  the  following : 

Example  1  has  twelve  passenger  elevators,  the  shafts  of  which 
are  open  below  the  fourth  floor ;  above  the  fourth  they  are  enclosed 
in  fire-resisting  material. 

Example  2.  To  afford  an  exhaust  for  a  cashiers'  tube  room  on 
an  old  stairway  landing,  on  the  installation  of  a  blower  ventilat- 
ing system,  a  pane  of  wire  glass  was  removed  from  an  adjoining 
elevator  shaft  which  was  otherwise  enclosed  in  fire-resisting 
material  throughout. 

Example  3.  Consists  of  two  old  buildings;  no  fire  wall;  one 
building  in  the  course  of  complete  fire  resistive  reconstruction; 
the  freight  elevator  is  in  an  open  wood  shaft.  Horizontal  wooden 
doors  level  with  each  floor  are  opened  by  the  top  of  the  elevator, 
these  doors  closing  when  the  elevator  descends.  On  the  upper 
floors  there  was  no  protection  around  the  shaft,  the  lower  floors 
having  railings  surrounding  the  openings. 

As  may  be  seen  from  the  foregoing,  in  41,  or  over  50  per  cent, 
of  the  stores  visited,  unprotected  elevator  shafts  acting  as  flues, 
could  materially  increase  the  danger  in  these  stores,  should  a  fire 
occur;  even  if  not  affected  by  flames,  they  could  so  soon  become 
filled  with  smoke  as  to  be  of  little  use  as  exits. 


632         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

X.     FIEE  WALLS  AND  HORIZONTAL  EXITS. 
Fire  Walls: 

Eire  walls  were  found  in  fifteen  stores. 

Many  retail  establishments  are  of  fragmentary  growth,  being 
composed  of  from  two  to  five  buildings,  party  walls  having  been 
cut  through  in  order  to  annex  adjoining  buildings.  Many  of  these 
buildings  originally  intended  for  a  small  occupancy  are  now  used 
by  large  numbers  of  people.  Notwithstanding  this  increase  in 
floor  area  for  the  accommodation  of  a  larger  number  of  customers, 
the  original  exit  provision  remains  unchanged. 

These  combinations  of  buildings  (many  of  them  very  old),  with 
their  highly  inflammable  stock,  make  of  such  stores  not  only 
potential  conflagration  centers,  of  menace  to  the  surrounding- 
buildings,  but  also  create  hazards  further  endangering  human  life 
within  the  stores. 

The  lowering  of  insurance  rates  rather  than  the  safeguarding  of 
life  seems  to  have  been  the  motive  actuating  the  store  owners  to 
provide  the  fire  walls  found.  None  of  the  newer  stores  had  fire 
walls,  such  subdivision  of  areas  being  considered  detrimental  to 
the  business  of  general  retailing. 

That  fifteen  stores  have  such  subdivisions  and  continue  to  be 
successful  houses  is  evidence  that  if  compelled  to  so  develop  exist- 
ing party  walls,  the  business  of  other  houses  in  similar  combina- 
tions of  buildings  would  not  suffer. 

In  stores  composed  of  several  buildings  the  expense  of  making 
party  walls  into  fire  walls,  with  protected  openings,  would  not  be 
prohibitive ;  and  buildings  so  separated  provide  a  degree  of  safety 
that  should  not  be  underestimated.  Whatever  the  expense,  it 
would  in  time  be  offset  by  lowered  insurance  rates. 

Horizontal  Exits: 

Twenty  stores  had  horizontal  exits. 

Fifteen  stores  had  horizontal  exits  on  each  floor. 

Eive  other  stores  had  horizontal  exits  on  some  floors. 

These  were  exits  in  basements  or  sub-basements  leading  under 
the  street  to  another  building,  through  tunnels  having  fire-resistive 
doors ;  exits  to  other  buildings  by  means  of  bridges. 


APPENDIX  VI -- MEKCANTILE  ESTABLISHMENTS.         633 

The  stores  having  horizontal  exits  on  each  floor  had  fire  walls 
either  between  old  buildings  or  between  old  buildings  and  new 
additions. 

MAINTENANCE. 

In  each  building  the  main  features  as  to  maintenance  were: 

1.  Occupancy ; 

2.  (a)   Restaurants; 
(&)   Kitchens; 

'>.  Factories  and  workrooms; 

4.  Aisles ; 

5.  Egress  devices ; 

6.  Fire  escapes; 

7.  Stairways ; 

s.  Balin'g  rooms  and  waste; 

0.  Packing  rooms; 

10.  Combustibles; 

11.  "No  Smoking"  signs; 

12.  Inflammable  decorations; 

13.  (a)   Connection  with  fire  departments  or  a  supervisory 

company ; 

(b)  Fire  appliances; 

(c)  Standpipes ; 

14.  Sprinkler  systems. 

I.     OCCUPANCY. 

The  department  store,  drawing,  as  it  does,  large  crowds  of 
people,  is  in  a  sense  a  public  building  and  as  such,  people  are 
entitled  to  the  safety  provided  for  them  in  other  places  to  which 
they  are  admitted. 

The  question  of  safety  in  stores  affects  alike  the  customers  who 
visit  them  in  vast  numbers  and  the  army  of  people  employed  in 
them.  The  maximum  number  of  employes  in  the  stores  investi- 
gated was  over  61,600.  These  figures  represent  only  a  portion 
of  the  employes  in  department  stores  in  the  State  of  New  York. 


634         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

Deliverymen,  stablemen,  helpers  and  drivers  are  not  included  in 
the  foregoing  number  as  they  are  not  constantly  in  the  buildings. 

A  study  of  the  occupancy  in  twenty-two  New  York  City  depart- 
ment stores  during  the  Christinas  season  revealed  the  fact  that 
those  stores  are  often  crowded  far  beyond  the  capacity  of  the  exits. 

In  one  store  at  3  p.  M.  there  were  13,750  persons  in  the  build- 
ing, 4,500  being  on  the  street  floor  and  2,200  being  on  the  fifth 
floor,  where  toys  were  sold.  This  building  has  six  stairways  with 
total  capacity  of  730  above  the  third  floor;  a  center  stair  with  a 
capacity  of  400  per  floor  increases  the  capacity  below  the  third 
floor  to  1,070  per  floor.  Five  of  the  stairways  are  open ;  the  sixth 
stairway,  located  between  the  main  building  and  an  annex,  is 
only  partially  enclosed,  having  fireproof  doors  on  but  two  or  three 
floors. 

Another  store  having  four  stairways  enclosed  in  fire-resisting 
material,  with  a  total  capacity  of  444  persons  per  floor,  contained 
over  5,000  persons  at  1 :30  p.  M.,  1,000  being  on  the  ninth  floor. 

The  following  table  shows  the  occupancy  in  22  New  York  City 
department  stores  on  a  given  date,  and  it  is  interesting  to  note 
that,  in  some  instances,  the  number  of  persons  in  a  single  build- 
ing equals  the  population  of  a  whole  town  or  village: 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         635 


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636         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

A  number  of  stores  have  established  an  auditorium  or  concert 
hall.  Thus  another  type  of  problem  is  introduced  into  the  general 
problem  of  safety  in  the  department  store  —  that  of  the  theatre 
or  place  of  public  assemblage. 

The  following  are  illustrative  of  such  conditions  found  in  four 
stores : 

One  auditorium  having  a  capacity  of  1,500,  located  on  the 
second  and  third  floor,  has  a  main  and  balcony  floor  with  exits 
from  both  to  two  adjacent  stairways  on  each  floor,  enclosed  in 
fire-resisting  material,  with  a  total  capacity  of  227  persons  per 
floor.  Two  small  exterior  stairs  having  cantilever  stairs  to  the 
street  have  a  total  capacity  throughout  of  90. 

Another  concert  hall  having  a  capacity  of  200  is  located  on  the 
sixth  floor,  has  one  pair  of  swing  doors  and  one  hinge  door  open- 
ing in,  all  three  opening  on  a  wide  corridor  with  a  horizontal  exit 
and  fire  resistive  enclosed  stairway,  both  eighty  feet  distant  from 
the  concert  hall. 

In  a  third  store,  concerts  attended  by  300  people  are  given  in 
an  open  space  on  the  fifth  floor,  movable,  folding  chairs  being  pro- 
vided. Forty  feet  distant  is  a  horizontal  exit,  and  75  and  190 
feet  distant,  respectively,  are  two  fire  resistive  enclosed  stairways 
with  a  total  capacity  of  175  persons  per  floor. 

A  practice  has  grown  up  in  stores  of  holding  fashion  exhibits, 
which  are  widely  advertised  and  draw  large  numbers  of  people. 
In  one  house  the  attendance  at  one  time  is  over  1,000,  these 
exhibits  being  held  011  an  upper  floor  adjoining  a  restaurant  hav- 
ing a  capacity  of  1,000.  Although  this  store  has  eight  stairways 
enclosed  in  fire-resisting  material,  with  a  capacity  of  820  persons 
per  floor,  one  stair  ends  in  a  kitchen  on  this  floor,  so  that  the 
capacity  is  reduced  to  724. 

Thus,  anywhere  from  300  to  1,300  people  assembled  in  a 
limited  area,  in  addition  to  the  number  of  people  distributed 
throughout  the  store,  are  likely  to  be  in  danger  should  any  panic 
or  fire  occur  in  these  stores  at  such'  (lines.  Store  proprietors 
assume  grave  responsibilities  when  they  endeavor  to  attract  the 
crowds  that  the  foregoing  table  indicates  are  present  during  the 
Christmas  season,  a  condition  often  duplicated  on  special  bargain 
days.  Every  convenience  and  comfort  is  provided  for  the  use  of 
customers,  such  as  rest  rooms,  hospitals,  writing  rooms,  play 


Api'K.xmx  VI  --  MERCANTILE  ESTABLISHMENTS.         637 

s  fur  the  children  of  (.Mislmiu-rs,  information  bureaus,  ticket 
offices,  etc.  The  dictates  of  good  business  management  demand 
i  lie  protection  of  valuable  stock,  and  the  dictates  of  safety  demand 
that  store  owners  should  be  compelled  to  remedy  dangerous  con- 
ditions now  existing  in  their  buildings. 

II.      (a)  KESTAURANTS. 

Department  store  restaurants  are  no  longer  solely  for  the  use 
of  their  customers.  Many  of  the  stores,  being  located  in  business 
districts,  draw  a  daily  attendance  other  than  shoppers.  Those 
restaurants  in  the  larger  stores  are  usually  located  on  upper  floors 
and  are  in  constant  daily  use,  being  often  crowded  to  capacity 
and  with  many  people  waiting. 

In  New  York  City,  on  February  19th,  when  traffic  conditions 
were  so  seriously  impaired  that  the  fire  commissioner  had  issued  a 
warning  that  streets  were  almost  impassable  for  fire  apparatus, 
more  than  1,200  people,  exclusive  of  employees,  were  counted  on 
an  upper  restaurant  floor.  This  floor  has  unenclosed  stairways 
with  a  total  capacity  of  730  for  the  floor. 

In  many  stores  restaurants  have  separate  dining  rooms  where 
smoking  is  allowed.  In  some  stores  smoking  materials  are  on 
sale  and  lighters  provided.  The  carrying  of  lighted  cigars  and 
cigarettes  is  allowed  in  elevators,  but  store  managers  say  they  do 
not  permit  smoking  in  the  sales  departments,  although  smoking 
was  frequently  seen  in  these  departments. 

Forty-nine  restaurants  (including  lunch  rooms  and  lunch  coun- 
ters) were  found  located  in  thirty-seven  stores,  twelve  stores  hav- 
ing two  each. 

Fifteen  were  located  in  basements,  of  which: 
1  had  a  seating  capacity  of  550. 

5  had  a  seating  capacity  of  150  to  200  each. 
4  had  a  seating  capacity  of  100  each. 

6  had  a  seating  capacity  of  100  each. 
Of  the  thirty-four  located  on  upper  floors: 

4  had  a  seating  capacity  of  1,000  to  1,200. 

3  had  a  seating  capacity  of  700  to  800. 

6  had  a  seating  capacity  of  400  to  500. 

21  had  a  seating  capacity  of  less  than  250. 


f>38         APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS. 

The  following  are  illustrative  of  the  conditions  found  in  four 

stores : 

Example  1. —  Restaurant  9th  floor,  capacity  400.  This  floor 
has  two  unenclosed  stairways  with  a  total  capacity  of  92  per  floor. 
Smoking  materials  sold. 

Example  2. —  Restaurant  7th  floor,  capacity  700  to  800.  Two 
fire-resistive  enclosed  stairways,  one  over  100  feet  distant;  total 
capacity  of  170  per  floor.  These  stairways  are  open  from  the 
main  to  the  second  floors  and  fire  resistive  enclosed  above  the 
second. 

Example  3. —  Restaurant  2nd  floor,  capacity  250.  Smoking 
allowed  in  small  connecting  room.  Restaurant  partly  surrounds 
open  gallery,  wood  railing,  iron  columns.  Railing  covered  with 
non-fireproof  cotton  plants  in  bloom  and  cotton  goods.  No  stair- 
way near.  Escalator  in  gallery  space. 

Example  4. —  Restaurant  8th  floor,  capacity  1,000 ;  smoking 
allowed  in  connecting  room;  8  stairways  enclosed  in  fire-resisting 
material,  total  capacity  820  per  floor  —  one  ending  in  kitchen 
limits  capacity  to  724  for  this  floor. 

To  the  man  who  conducts  a  restaurant  the  safety  of  his  place 
of  business  is  his  active  concern  and  the  location  of  primary  im- 
portance. 

The  department  store  restaurant  is  an  incidental  in  a  large  and 
varied  enterprise  and  is  mainly  installed  for  the  convenience  of 
customers,  and  as  an  advertisement  —  the  latter  with  the  idea  of 
drawing  many  people  to  the  building  other  than  customers.  For 
this  reason  such  restaurants  are  usually  located  on  upper  floors 
so  that  some  of  the  crowd,  drifting  down  again  to  the  street 
through  the  lower  floors  full  of  attractively  displayed  stock,  may 
become  purchasers. 

The  location  and  seating  capacity  of  the  majority  of  store  res- 
taurants necessitate  the  provision  of  adequate  and  protected  stair- 
ways. In  case  of  fire,  elevators  and  fire-escapes  are  of  little  use 
when  it  is  a  question  of  from  400  to  1,000  people  on  the  8th  and 
10th  floors  reaching  the  street. 


APPENDIX  VI -- MEK<  A\TI  LK  ESTABLISHMENTS. 

(6)   KITCHE.NS. 

Sixteen  of  the  thirty-five  stores  having  kitchens  arid  bakeries 
were  equipped  with  coal  ranges.  Thirteen  kitchens  of  the  thirty- 
five  were  fireproof  rooms. 

In  a  few  of  the  older  stores  and  in  nearly  all  those  of  recent  con- 
struction, kitchens  and  bakeries  were  located  in  fireproof  rooms. 

The  following  are  illustrative  of  conditions  found  in  two  stores 
where  the  kitchens  were  not  fire-resistive  rooms. 

Example  1. —  Kitchen  and  bakery  are  located  on  the  third 
floor ;  the  kitchen  has  three  stoves  —  the  wooden  walls  being  pro- 
tected only  one-half  way  up  and  the  smoke  pipes  being  within  one 
foot  of  the  wall.  The  bakery  is  in  a  wooden  partitioned  room, 
the  oven  backing  up  on  a  wooden  partition. 

Example  2  has  a  kitchen  on  the  second  floor  with  a  large  coal 
range  located  in  an  old  converted  dwelling  house,  the  construction 
being  wood  throughout.  The  escapes  are  a  wooden  stairway,  or 
through  the  restaurant,  which  has  no  stairway  near  and  surrounds 
an  open  gallery. 

Conditions  such  as  the  foregoing  are  dangerous  in  the  extreme, 
the  nature  of  the  buildings  inviting  the  rapid  spread  of  fi.re.  The 
enclosing  in  fire-resistive  materials  of  rooms  used  as  kitchens  is 
the  only  way  to  eliminate  the  hazards  arising  from  the  use  of 
kitchens  in  store  buildings. 

III.     FACTORIES  AND  WORKROOMS. 

In  seventy  stores  having  factories  or  workrooms  a  total  of  over 
5,000  persons  were  employed. 

Legislation  and  the  general  publicity  that  has  been  given  to 
factory  conditions  throughout  the  state  has  made  little  change  in 
the  conditions  in  mercantile  establishments. 

Nearly  all  establishments  have  alteration  workrooms  for  men's 
and  women's  clothing,  and  millinery  workrooms. 

Upholstery  workrooms,  in  addition  to  furniture  upholstery,  fin- 
ishing and  polishing,  include  such  industries  as  carpet  sewing, 
shade,  awning  and  mattress  manufacturing.  This  last  industry 
entails  the  use  of  large  quantities  of  hair,  moss,  cotton  and  feathers. 
While  in  most  of  the  stores  these  materials  were  kept  in  metal- 


040         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

lined  bins,  the  mattress  making  was  done  in  the  open  spaces. 
Sparks  from  machinery  have  caused  tires  in  these  departments, 
the  materials  used  being  of  a  highly  inflammable  nature. 

Manufacturing  was  carried  on  in  six  stores  and  included  the 
manufacturing  of  aprons,  waists,  dresses,  suits,  college  caps  and 
gowns,  underwear,  and  men's  shirts. 

The  physical  arrangement  and  location  of  these  factories  and 
workrooms  were,  in  the  majority  of  establishments,  a  decided 
hazard  to  the  workers. 

Aisles  were  obstructed  by  chairs,  tables,  shaft  casings  and  ma- 
chines. 

Fire-escape  windows  were  found  locked,  barred  and  inaccess- 
ible. Hot  radiators  were  in  front  of  some  fire-escape  windows  and 
often  obstruct  access  to  them. 

In  five  stores  workrooms  were  found  to  be  located  over  100  feet 
from  any  stairway  or  fire-escape. 

Some  specific  examples,  which  illustrate  the  conditions  of  work- 
rooms in  department  stores  follows : 

Example  1. —  Dressmaking  workroom  fifth  floor,  maximum 
number  of  employees  125 ;  no  fire  drill ;  one  open  stairway  50  feet 
distant  from  workers.  The  only  door  leading  to  this  stairway 
opens  in  and  leads  to  a  corridor  8  1-2  feet  wide,  obstructed  to 
23  1-2  inch  passageway  by  many  tables,  dozens  of  chairs  and  large 
and  small  wardrobe  trunks ;  another  door  leads  to  fitting  and  sales 
rooms  and  another  stairway  over  100  feet  distant. 

Example  2. —  The  factory  space  is  on  the  sixth  floor  at  the  end 
of  an  open  floor ;  80  people  employed.  No  fire  drill.  Manufac- 
turing aprons,  jumpers,  etc.,  piano  polishing,  upholstery  and 
mattress  making  carried  on.  In  the  space  devoted  to  piano  polish- 
ing a  small  alcohol  lamp  and  a  bottle  of  alcohol  were  in  use.  To 
reach  the  only  door  to  the  only  stairway  (an  open  one)  the  workers 
in  the  upholstery  and  manufacturing  sections  would  have  to  pass 
through  the  piano  polishing  space.  In  the  upholstery  section  a 
gallon  glass  bottle  of  wood  alcohol  was  in  use.  Supplies  of 
alcohol,  varnish  and  shellac  were  kept  in  two  wooden  cupboards. 
The  only  fire-escape  for  this  section  of  the  building  is  reached  by 
means  of  a  window  28  inches  from  the  floor,  the  window  having 
an  iron  bar  25  1-2  inches  from  the  sill. 


APPENDIX  VI-     MKRCANTILE  ESTABLISHMENTS.         641 

Example  3. —  Dress  and  suit  making  eighth  floor,  minimum 
number  of  employees  200.  No  fire  drill.  Exit  doors  open  in,  lead 
through  a  hall  to  fire-resistive  enclosed  stairway.  In  this  work- 
room the  aisles  do  not  lead  to  the  two  exits  and  arc  obstructed  l>y 
dress  form?:,  chairs,  tables  and  machines. 

Example  4. —  Dress  and  suit  alteration  room,  fifth  floor,  7f>  em- 
ployees; no  tiro  drill.  The  only  exit  is  through  swing  doors  to  an 
open  stairway.  The  arrangement  of  the  workroom  shows  no  re- 
gard for  the  safety  of  the  workers.  Large  tables  and  benches 
break  up  and  obstruct  all  aisle  formation.  Thirty  gas  burners  in 
a  row,  for  irons. 

From  the  preceding  it  is  realized  that  factory  conditions  in  de- 
partment stores  need  some  regulation  other  than  the  present  labor 
law.  The  situation  is  complicated  and  neglected.  The  physical 
location  alone,  of  these  workrooms,  makes  the  conditions  entirely 
different  from  those  found  in  the  average  factory. 

IV.     AISLES. 

The  arrangement  of  aisles,  which  is  recognized  as  one  of  the 
most  important  features  of  the  problem  of  safety  in  factories,  is 
almost  neglected  in  department  stores  where  the  aisles  are  the  only 
means  of  reaching  exits  for  the  hundreds  of  people  who  may  be  in 
a  store. 

Aisles  that  are  narrow,  obstructed,  broken,  lead  to  a  blank  wall, 
or  lead  indirectly  to  an  exit,  are  a  menace. 

25  stores  had  broken  aisles. 
34  stores  had  indirect  aisles. 
34  stores  had  some  aisles  less  than  3  feet  wide. 
7  stores  had  all  aisles  less  than  3  feet  wide. 

Movable  obstructions  in  aisles  are  particularly  dangerous,  as 
they  may  very  soon  block  the  passageway  in  case  of  panic. 

58  stores  had  movable  tables  in  aisles. 
23  stores  had  movable  chairs  in  aisles. 
43  stores  had  merchandise  in  aisles. 

In  upholstery  and  furniture  sales  departments  the  aisles  are 
generally  inadequate  and  indirect.  The  nature  of  the  goods 


642         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

necessitates  large  areas  for  display.  Although  usually  the  custom- 
ers in  these  departments  are  apt  to  be  few  in  number,  at  times 
special  sales  are  held  which  draw  crowds  of  purchasers  to  sections 
of  stores  having  limited  and  poor  aisle  provisions. 

V.  EGKESS  DEVICES. 

In  this  investigation  all  red-lighted  exit  signs,-  stairway  and 
lire-escape  signs,  employees'  fire  drills,  and  fire  gongs  were  classi- 
fied as  egress  devices: 

86  per  cent.,  or  69  stores,  had  no  fire  drills. 

49  stores  had  no  fire  gongs. 

47  stores  had  exits   unindicated  by  signs. 

In  nine  stores  instructions  were  given  as  to  leaving  store  in 
case  of  fire. 

Two  stores  only  had  fire  instructions  printed  and  posted  in 
prominent  places. 

In  one  store  the  investigator  was  told  by  the  superintendent  that 
drills  were  held  every  two  weeks,  but  had  been  temporarily  dis- 
continued, as  a  new  kind  of  drill  was  contemplated.  Of  three 
employees  questioned,  two  had  been  employed  six  months  and 
knew  of  no  drill ;  the  third  said  drills  were  held  very  seldom  — 
every  four  or  five  months. 

In  some  New  York  stores  a  drill  is  held  which  includes  only 
those  porters  and  others  who  man  the  apparatus. 

In  one  of  the  stores  a  drill  for  the  sixth  floor  factory  employees 
only  is  held. 

Horizontal  exits  as  safe  means  of  egress  are  not  recognized, 
either  by  employees  or  the  public.  They  are  not  indicated  as  such, 
nor  is  there  any  general  knowledge  as  to  the  meaning  of  the  term. 

This  lack  of  exit  signs  is  most  serious  —  exit  signs  furnish  the 
only  guide  in  time  of  fire  to  people  accustomed  to  the  exclusive 
use  of  elevators. 

VI.  FIRE-ESCAPES. 

Fifty-three  stores  had  fire-escapes  of  some  kind.     Of  these : 
In  30  access  to  the  escapes  were  obstructed. 
In  11  the  windows  giving  on  escape  were  barred. 
In  14  the  windows  opening  on  escapes  were  locked. 


APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS.         643 

In  9  iron  shutters  at  windows  blocked  the  use  of  the  escape. 

In  18  fire-escapes  were  defective,  having  either  no  drop  ladders 
to  the  street  or  to  adjoining  roofs;  having  ladders  out  of  place; 
Icing  so  badly  rusted  as  to  be  dangerous.  These  escapes  are  of 
almost  no  value  as  exits,  due  to  the  manner  in  which  they  are 
maintained. 

The  following  conditions  are  indicative  of  the  maintenance  of 
lire-escapes  in  department  stores: 

Example  1. —  Had  two  fire-escapes  ending  above  glass  sheds, 
with  no  drop  ladders  to  the  street.  The  superintendent  stated  that 
there  never  had  been  any  and  that  this  lack  had  never  been  called 
to  his  attention  by  local  or  state  inspectors.  In  this  building  on 
one  floor  shades  were  pulled  down  (in  order  that  the  space  might 
be  used  for  display  of  furniture)  so  that  the  fire-escape  could  not 
be  seen  from  the  interior  of  the  store.  Fire-escape  windows  were 
46  inches  from  the  floor  in  some  departments ;  many  of  them 
locked  ;  one  in  a  workroom  was  nailed  up.  Benches,  machines, 
cloth  racks,  and  merchandise  obstructed  access  to  the  windows, 
which  were  large  and  heavy  and  almost  impossible  to  lift. 

Example  2. —  Each  window,  21  inches  from  the  floor,  leading 
to  a  rear  fire-escape,  was  barred  by  wooden  rods  placed  diagonally 
above  the  lower  sash.  On  the  second  floor  an  up-right  iron  button 
machine  was  fastened  to  the  sill.  All  fire-escape  windows  located 
on  the  third  floor  were  completely  blocked  by  rubbish,  boxes  and 
packing-cases.  The  yard  at  the  foot  of  the  escape  was  knee-deep 
in  hay,  excelsior,  paper  boxes,  old  waste  and  broken  wooden  boxes, 
packing-cases  being  piled  so  high  under  the  balanced  stairs  as  to 
render  them  utterly  useless.  The  lowest  fire-escape  platform  was 
at  least  18  feet  from  the  ground. 

Example  3. —  Fire-escape  sixth  floor,  both  windows  obstructed 
by  a  bench  31  inches  high,  28  inches  wide.  Many  windows  were 
locked. 

Example  4. —  Four  story.  One  fire-escape,  second  floor,  access 
to  window  over  hot  radiator  27  inches  high  —  window  locked ; 
other  window  locked  but  unobstructed.  Third  floor  entrance  to 
fire-escape  blocked  by  chairs,  storage  of  unused  fixtures,  old 
lumber,  etc. 


644         APPENDIX  VI  -  -  MERCANTILE  ESTABLISHMENTS. 

Fire-escapes  at  best  are  unreliable  as  exits  and  when  maintained 
as  the  foregoing,  they  cease  to  be  of  use  as  such. 

VII.  STAIRWAYS. 

In  43  stores  stairways  were  found  obstructed  by  merchandise. 

In  13  stores  doors  opening  on  stairways  were  found  locked. 

In  18  stores  stairways  were  obstructed  by  counters  and  shelves. 

The  use  of  elevators  by  the  general  public  and  employees  has 
created  a  disregard  of  the  final  dependence  upon  stairways  in  case 
of  fire. 

In  many  cases  the  stairways  and  landings  were  actually  used  for 
the  display  of  merchandise.  Even  landings  of  stairways  enclosed 
in  fire-resisting  materials  were  found  obstructed  in  this  manner. 
This  is  only  another  instance  of  the  policy  of  using  all  possible 
space,  whether  legitimate  or  not,  for  purposes  of  display. 

The  neglect  of  available  exits  indicates  an  indifference  to  the 
safety  of  public  and  employees.  All  stairway  obstructions  and 
locked  doors  opening  on  stairways  limit  the  use  of  the  most  safe 
means  of  egress  from  burning  buildings. 

VIII.  BALING  ROOMS  AND  WASTE. 

In  large  and  small  department  stores  waste  paper  of  all  kinds 
is  collected  from  different  parts  of  the  store,  baled  and  sold.  In 
a  few  stores  baling  has  been  discontinued,  all  waste  being  burned 
in  special  incinerators.  The  usual  custom  is  to  collect  waste  on 
the  various  floors,  in  wooden  wicker  or  metal  trucks.  If  there  is 
no  waste  chute,  the  waste  is  then  taken  to  the  baling  room  in  these 
same  trucks.  The  rubbish  and  waste  are  separated,  that  portion 
unfit  for  baling  being  usually  burned.  Baling  rooms  were  found 
in  63  stores. 

Notwithstanding  the  fact  that  department  store  owners  recog- 
nize that  many  fires  occur  in  baling  rooms,  36  of  the  63  stores 
maintained  baling  rooms  that  were  non-fire-resistive : 

12  of  the  63  baling  rooms  were  located  in  sub-basements. 
44  of  the  63  baling  rooms  were  located  in  basements. 
19  of  the  63  baling  rooms  were  located  on  upper  floors. 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         645 

Baling  is  frequently  done  in  an  open  basement  or  cellar  as 
follows : 

Example  1. —  Building  erected  50  years;  remodeled  six  years 
ago;  8,844  square  feet  area;  sprinklered ;  205  employees;  in 
baling  section  in  basement  paper,  waste  and  paper  boxes  piled 
3  and  4  feet  deep ;  baled  paper  removed  every  two  weeks ;  room 
opens  on  an  open  area  containing  hoistway  —  sprinkler  system  is 
wet. 

In  some  stores  the  waste  is  allowed  to  accumulate  in  open  non- 
fire-resistive  rooms,  as  in  the  example  given  below.  This  practice 
is  very  dangerous  and  Avas  frequently  met  with. 

Example  2. —  The  basement  is  in  a  dangerous  condition.  Floor- 
ing part  stone  and  wood;  wooden  part  in  very  poor  repair.  Wall 
partition  of  wood,  some  papers;  ceiling  low,  with  exposed  beams. 
Boiler-room  flooring  is  wood.  Old  disused  stockroom,  unlighted, 
is  filled  with  old  lumber.  Waste  is  thrown  down  through  opening 
in  first  floor  to  boiler  room,  and  burned.  Varnishes  and  paints 
on  open  wooden  shelf. 

IX.      PACKING  ROOMS. 

1  ho  number  of  packing  rooms  and  the  amount  of  packing  mate- 
rials used  in  each  store  depends  on  the  character  of  goods  sold. 
Those  houses  specializing  in  clothing  require  only  paper  and  boxes ; 
those  selling  china,  glass,  hardware,  furniture,  etc.,  need  hay, 
straw,  excelsior,  pads  and  cut  paper.  As  these  are  very  inflam- 
mable materials,  the  manner  in  which  they  are  stored  and  used  is 
important. 

Packing  may  be  done  in  one  central  place,  in  another  building, 
or  in  each  department.  It  was  found  that  in  the  majority  of  stores 
.-mall  bundles  were  wrapped  in  the  department  where  sold,  other 
a, >o< U  being  collected  and  packed  in  one  general  packing  room. 
In  all  but  a  few  stores  the  packing  was  done  in  non-fireproof 
rooms. 

In  many  stores  the  bins  in  which  packing  material  was  kept 
for  immediate  use  were  fire-resistive,  and  the  amount  kept  in  bulk 
was  stored  in  fireproof  vaults. 


646         APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS. 

Sixty-six  stores  had  packing  rooms;  four  of  these  were  fire- 
resistive. 

The  following  packing-room  conditions  were  frequently  found 
in  stores: 

Example  1  consists  of  six  buildings,  both  quick  burning  and 
fire  resistive;  area  58,000  square  feet;  1,100  employees;  sprink- 
lered. Packing  rooms  in  basement ;  straw  littered  on  floor  with 
hay  and  papers,  and  used  from  open  metal-lined  compartments 
under  packing  tables.  A  closet  for  excelsior  in  bulk,  near  a  stair- 
way leading  to  the  street  used  by  deliverymen,  is  imperfectly  fire 
resisting  and  has  half  of  the  fire-resistive  door  missing.  Xo  "  No 
smoking  "  signs  —  two  employees  recently  discharged  for  smok- 
ing. That  smoking  does  exist  as  shown  by  these  dismissals,  makes 
the  conditions  in  the  packing  room  grave. 

Example  2. —  Ten-story,  fire-resistive  building;  area  83,000 
square  feet;  sprinklered;  4,250  employees.  Packing  room  sub- 
basement,  many  bales  of  excelsior  on  floor  piled  to  within  one  foot 
of  ceiling;  great  quantity  of  empty  wooden  boxes  stacked  to  ceil- 
ing. Fire-resistive  room  for  bulk  of  packing  materials. 

Example  3. —  Eour-story  quick  burning  building;  area  17,4-80 
square  feet;  sprinklered;  260  employees.  Long,  narrow  packing 
room  in  basement,  littered  with  excelsior,  straw  and  broken  glass. 
Rear  of  basement  sales  in  shipping  and  receiving  department  open- 
ing on  a  yard,  dozens  of  cans  of  oil  on  shelves ;  open  gallon  can  of 
kerosene ;  portable  gas  heater  on  floor  within  one  foot  of  a  wooden 
bin  containing  excelsior.  In  same  small  room  is  a  can  of  carbide, 
20  inches  high. 

X.     COMBUSTIBLES. 

The  various  industries  carried  on  in  department  stores,  require 
the  use  of  some  highly  combustible  materials. 

Paints,  varnishes,  shellac,  alcohol  and  turpentine  were  used  in 
different  repair  and  finishing  departments.  Gasoline,  benzine, 
naptha  or  alcohol  were  used  in  alteration,  millinery  embroidery 
workrooms. 

These  materials,  in  many  stores,  were  kept  in  bulk  in  fireproof 
rooms  and  in  small  amounts  in  the  different  departments  in  safety 
cans. 


APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS.         647 

In  22  of  the  stores  these  combustibles  were  found  being  used 
or  stored  in  an  unsafe  manner. 

Specific  Conditions  Found: 

Example  1. —  Fifth  floor,  alteration  workroom,  maximum  num- 
ber employees  30.  Gasoline  in  use  from  glass  bottle;  safety  can 
near,  but  not  used.  Lighted  gas  stove  for  irons  12  feet  distant; 
forewoman  superintending  use. 

Example  2. —  Third  floor,  furniture-finishing  department. 
Two  gallons  wood  alcohol  in  open  wood  cupboard. 
Two-quart  glass  bottles  benzine  in  open  wood  cupboard. 
One-quart  glass  bottle  turpentine  in  open  wood  cupboard. 

Example  3. —  Has  wine  and  olive  bottling  department  in  sepa- 
rate division  of  sub-basement ;  sprinklered ;  partly  under  street : 

35  barrels  of  whiskey. 

2  barrels  of  95  per  cent,  alcohol. 

1  barrel  of  wood  alcohol. 

1  barrel  of  denatured  alcohol. 

Portable  gas  heater  within  ten  feet,  unprotected. 
Twelve  men   employed  —  only  escape   up  open   wooden   steps 
with  capacity  of  three. 

Example  4. —  Sixth  floor,  perfumery  factory  in  small  room  ; 
about  twenty  2  to  5-gallon  glass  bottles  containing  essences  in 
alcohol ;  1  barrel  of  bay  rum ;  1  barrel  alcohol.  Gas  stove  within 
twelve  feet  of  alcohols.  Exit  to  roof ;  ladder  door  at  top  bolted ; 
no  roof  getaway.  Stairway  more  than  100  feet  distant;  indirect 
aisles  badly  obstructed  by  packing  cases. 

XL     "  Xo  SMOKING  "  SIGNS. 

The  very  large  number  of  fires  due  to  smoking,  mentioned  pre- 
viously, is  indicative  of  the  general  increase  in  smoking  generally. 

Thirty-five  per  cent,  of  all  stores  had  "  No  Smoking"  sigin. 

Department  store  maunders  recognize  the  danger  of  employe'-- 
smoking  where  there  is  so  much  inflammable  material.  In  many 
stores  rules  regarding  smoking  are  rigidly  enforced,  men  IK-II  «>;  ar 
once  dismissed  if  found  smoking.  With  these  rules  as  to  em- 


648         APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS. 

ployees   goes   an   indulgence   toward   customers  who   smoke,    and 
whose  smoking  creates  just  as  great  a  hazard. 

In  the  Christmas  season  in  one  store,  two  investigators  saw  three 
men  smoking  on  the  street  floor.  The  aisles  were  crowded  to  ca- 
pacity and  the  counters  covered  with  flimsy  goods.  The  matter 
was  called  to  the  attention  of  the  head  man  on  the  floor,  but,  not- 
withstanding the  congested  condition  and  the  real  peril  involved 
to  clerks  behind  high  counters,  the  smoking  was  allowed  to  con- 
tinue. 

XII.     INFLAMMABLE  DECORATIONS. 

Inflammable  decorations  found  were  flags,  artificial  flowers  or 
foliage,  tissue  paper  decorations,  or  merchandise  of  an  inflammable 
nature  used  as  decorations. 

Decorations  were  arranged  around  galleries  or  rotundas,  hung 
from  ceilings,  festooned  between  columns  and  posts,  and  on 
wooden  arches  above  counters. 

The  merchandise  used  for  ornamentation  was  Christmas-tree 
decorations,  handkerchiefs,  sheet  music,  muslin  underwear  and 
upholstery  materials  such  as  portieres,  curtains  and  draperies. 

Pieces  of  all  artificial  flowers  or  foliage  and  tissue  paper  dec- 
orations were  tested  to  ascertain  if  combustible. 

A  small  blaze  which  ordinarily  could  be  extinguished  quickly 
and  cause  but  little  panic,  when  starting  in  or  near  inflammable 
decorations  can  spread  with  great  rapidity,  in  a  few  seconds  be- 
coming a  serious  fire,  with  the  probability  that  a  large  area  may 
become  affected,  and  the  inevitable  panic  among  employees  and 
shoppers  be  disastrous. 

The  presence  of  such  decorations  increases  the  possibility  of 
fires  from  defective  wiring,  lighted  matches,  smoking,  and  burst- 
ing electric  light  bulbs. 

These  decorations  are  in  use  more  generally  and  to  a  greater 
degree  during  the  Christinas  season,  when  both  large  and  small 
stores  are  subject  to  extraordinary  crowding. 

The  increased  number  of  fires  in  department  stores,  classified 
in  Chart  I  previously  given,  as  "  Christmas,"  indicates  that  cer- 
tain fires  were  due  to  specific  seasonal  conditions.  Too  much  stress 
cannot  be  put  upon  the  fact  that  at  this  time  there  is  a  recognized 


APPENDIX  VT  -     M  i  i;r A XTTLE  ESTABLISHMENTS.         649 

definite  ha/ard  which  the  rise  of  inflammable  decorations  can  only 
greatly  increase. 

In  two  stores  the  decorations  were  fireproof.  In  these  stores  it 
was  stated  that  insurance  inspectors  frequently  tested  the  decora- 
tions and  those  that  were  condemned  were  removed. 

Kight  stores  had  inflammable  dec-orations  in  use. 

Nine  stores  had  inflammable  decorations  stored. 

The  following  conditions  indicate  the  way  in  which  these  deco- 
rations were  used  in  the  stores  investigated: 

Kxamplr  1. — -  Store  consists  of  six  buildings,  both  fire  resistive 
and  quick  burning,  all  open;  sprinklered ;  area  58,000  square 
feet  ;  1,000  employees.  On  the  second  floor  a  wooden  railing 
around  open  gallery  was  profusely  decorated  with  cotton  plants 
in  bloom  and  cotton  goods.  The  restaurant,  accommodating  250 
persons,  partly  surrounds  this  gallery;  smoking  permitted  in  an 
adjoining  room  ;  no  stairway  near. 

Example  2. —  Store  26  years  old ;  sprinklered;  area  26,000 
square  feet ;  560  employees.  Sixth  floor,  small  wooden  parti- 
tioned room  contains  unused  fixtures  and  non-fire-resistive  arti- 
ficial foliage  decorations  stored  in  wicker  laundry  baskets- 
Superintendent  stated  that  the  decorations,  which  burned  freely 
when  tested,  were  absolutely  fire  resistive. 

Example  3. —  Store  consists  of  three  buildings  —  two  fire 
resistive  and  one  quick  burning;  all  open;  sprinklered;  area, 
41, ,320  square*  feet;  l,4(>r»  employees.  Fourth  floor  upholstery 
department  walls  and  columns  were  literally  covered  with  large 
amounts  of  draperies;  flimsy  materials  hung  between  columns  and 
from  ceiling.  No  definite  aisle  arrangements;  rugs  and  draperies 
obstruct  passageways. 

XIII.      (A)    (  '<>.\.\K<  TIO.N    WITH   FIRE  DEPARTMENTS  OR  SUPER- 
v  i SORY  COMPANIES. 

(B)  FIRE  APPLIANCES. 

(C)  STANDPIPES. 

A.  Fifty-three  per  cent,  of  the  retail  mercantile  establishments 
visited  were  neither  connected  with  local  Fire  Departments  nor 


650         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

Supervisory  Companies.  To  call  the  fire  departments,  they  were 
dependent  on  telephones,  the  nearest  street  fire-boxes  or  the  nearest 
buildings  connected  with  fire  departments. 

B.  The  number  and  kind  of  fire  appliances  in  stores  were 
found  to  be  usually  determined  by  the  insurance  companies.  The 
appliances  consisted  of  pails,  tanks  containing  six  pails  in  a 
brine  solution;  axes,  hooks,  five-gallon  and  forty-gallon  chemical 
extinguishers.  A  few  paint  shops  and  engine  rooms  were  also 
equipped  with  sand  pails. 

Seventy-eight  stores  had  fire  appliances  of  some  kind. 

Two  stores  had  no  fire  appliances. 

The  following  illustrative  conditions  were  found : 

Example  1. —  Area  8,000  square  feet;  quick  burning  building; 
unsprinklered ;  no  standpipe,  fire  department  connection  or  fire 
appliances;  60  employees. 

Example  2. —  Area  6,300  square  feet;  quick  burning  building; 
unsprinklered;  one  standpipe;  no  fire  department  connection;  in 
flammable  decorations  in  use;  50  employees. 

Example  3. —  Six-story  quick  burning  building ;  8,000  square 
feet ;  unsprinklered ;  no  standpipes ;  employs  30  people. 

Quoting  from  investigator's  report : 

"•The  fifth  and  sixth  floors  (non-selling)  look  as  if  they  had  not 
been  swept  for  weeks,  waste  paper,  old  cases,  tables,  gingham 
covers,  old  show  cases  and  empty  soup  cans  all  over  the  floor.  The 
sixth  floor  room  is  used  by  some  employees  as  lunch  room  —  papers 
scattered  around,  dust  inches  thick.  Old  paint  rags,  tobacco 
pouches,  waste  paper,  burnt  out  matches  on  the  floor,  bottle  of 
turpentine  on  a  table.  The  fire  pails  are  neglected,  with  few  ex- 
ceptions being  uncovered,  many  empty,  others  stowed  away  under 
counters.  On  the  main  floor,  three  of  the  four  bucket  tanks  were 
placed  together  at  the  head  of  the  stairs  to  basement.  Seveial  of 
the  tank  lids  stuck  and  could  not  be  opened." 

In  a  number  of  the  large  department  stores,  fire  brigades,  com- 
posed of  store  employees,  are  maintained.  The  stores  are  divided 
into  sections  and  bells  which  ring  throughout  the  building  indi- 
cate the  section  in  which  the  fire  is  supposed  to  be.  Some  estab- 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         651 

is  have  retired  firemen  in  charge  of  all  fire  appliances, 
brigades  and  drills. 

Kxample  1. —  Has  fire  brigade  drills  frequently  at  5)  A.  M.  when 
customers  are  in  the  store,  the  management  believing  that  patron? 
are  favorably  impressed  by  such  provision  for  safety. 

Example  2. —  The  practice  drill  for  a  brigade  in  one  store  is  as 
follows :  After  closing  in  the  evening,  four  bells  are  rung,  to 
which  23  porters  respond,  going  to  the  superintendent's  office  on 
the  first  floor.  They  are  then  told  the  location  of  the  supposed 
fire,  to  which  they  proceed  and  go  through  a  drill.  The  time  lost 
through  the  lack  of  signals  to  locate  a  fire  definitely  must  decidedly 
lessen  the  efficacy  of  this  drill. 

C.     Standpipes. 

Fifty-eight  per  cent,  of  the  stores  had  no  standpipes.  One 
building  had  a  standpipe  without  any  hose  connection. 

Standpipes  were  usually  located  near  stairways  so  they  could 
be  used  readily.  In  some  buildings  they  were  located  in  the  in- 
terior of  the  floor,  which  limits  their  accessibility,  as  smoke  might 
prevent  their  being  reached.  In  the  newer  stores  having  fireproof 
( nclosed  stairways,  the  standpipe  connections  are  usually  on  the 
landings.  This  location  makes  them  accessible  and  lessens  the 
danger  for  those  putting  out  any  fires  of  being  overcome  by  smoke. 

Example  1. —  New  six-story  fire-resistive  building;  area  13,303 
square  feet ;  no  standpipe ;  sprinklered ;  maximum  number  of  em- 
ployees, 350;  two  chemical  extinguishers  per  floor. 

Kxample  2. —  Store  consisting  of  three  buildings,  erected  about 
1854;  one  seven,  and  two  four  stories  high;  area  .36,108  square 
feet;  sprinklered;  no  standpipes;  700  employees;  no  fire  pails; 
12  chemical  extinguishers  each  floor. 

Example  3. —  Xine-story  fire-resistive  building,  ten  years  old, 
area  20,000  square  feet;  sprinklered;  no  standpipes;  1,330  maxi- 
mum number  of  employees ;  no  fire  pails ;  eight  chemical  extin- 
guishers to  each  floor. 


652         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

XIV.     SPRINKLES  SYSTEMS. 

Fifty  of  the  stores  visited  were  equipped  with  sprinkler 
systems. 

In  addition  to  the  protection  afforded  both  buildings  and  con- 
tents, the  installation  of  sprinkler  systems  in  retail  mercantile 
establishments  seem  to  be  due  to  the  resulting  decrease  in  rates 
of  insurance,  and  to  questions  of  financial  credit. 

These  advantages  are  effective  upon  the  installation  of  the 
physical  equipment.  Whatever  protection  for  human  safety 
sprinkler  systems  may  afford  depends  upon  their  maintenance,  at 
all  times  and  in  all  parts  of  the  stores,  to  their  maximum 
efficiency. 

That  the  maintenance  thus  entrusted  to  the  owner  seems  not  to 
be  entirely  satisfactory  is  evinced  by  the  growth  of  outside  super- 
visory companies,  with  their  signals,  inspections  and  repairs. 

Companies  supervising  sprinkler  systems  were  not  located  in 
all  the  cities  visited  and,  furthermore,  in  cities  where  these  com- 
panies did  exist  all  sprinklered  stores  did  not  have  their 
supervision. 

There  are  some  conditions  due  to  faulty  maintenance  which  are 
not  indicated  by  signals  with  supervisory  companies  —  such  ns 
merchandise  stacked  too  near  sprinkler  heads  and  practices  simi- 
lar to  that  found  in  Example  1  described  below. 

The  following  were  some  of  the  conditions  of  maintenance 
found : 

Example  1. —  The  store  consists  of  three  old  buildings;  22,500 
square  feet;  no  fire  walls;  1,880  employees.  An  indicator  in  the 
engine  room  records  the  building,  but  not  the  floor,  when  a 
sprinkler  head  fuses.  The  trouble  has  usually  proven  to  be  in  a 
basement  delivery  department  where,  because  of  a  low  ceiling, 
sprinkler  heads  are  easily  knocked  off.  Consequently,  the  engi- 
neer turns  off  the  water  in  the  building  indicated  until  the  trouble 
is  located. 

Example  2. —  The  store  consists  of  two  buildings,  one  five 
years  old,  date  of  construction  of  the  other  unknown  — but  it  is 
very  old;  no  fire  wall;  area,  17,400  square  feet;  250  employees. 
Fourth  floor  (furniture  sales)  has  five  small  temporary  display 


APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS.         653 

rooms,  lighted  by  electricity,  arranged  as  living  rooms  for  the 
display  of  furniture,  rugs  and  upholstery.  .  These  rcoms  are 
divided  by  wooden  partitions,  muslin  ceilings  being  stretched  be- 
tween sprinkler  heads  and  merchandise;  the  supporting  columns 
are  of  wood  and  iron  and  one  decorated  with  non-fireproof  flowers 
and  vines.  Another  similar  space  near,  likewise  illuminated  and 
covering  an  area  of  25  by  10  feet,  has  a  painted  muslin  ceiling 
between  the  sprinkler  heads  and  merchandise,  supported  by 
wooden  columns. 

Example  3. —  Store  consists  of  three  buildings  separated  by 
two  fire  walls;  area  25,000  square  feet;  1,200  employees.  An 
investigator  having  seen  fire  apparatus  in  front  of  this  store  went 
to  the  fire  department  for  information;  from  there,  for  further 
information,  the  investigator  was  referred  to  the  supervisory  com- 
pany in  charge  of  the  store  sprinkler  system.  At  the  central  office 
of  the  supervisory  company  the  alarm  was  said  to  have  been  false, 
due,  probably  to  some  disarrangement  of  the  section  supplying  the 
boiler  room.  Two  heads  in  this  room  had  fused  at  different  times 
early  in  the  afternoon,  necessitating  the  shutting  off  of  that  sec- 
tion for  three  hours  while  repairs  were  made.  The  boiler  room  is 
wooden  beamed  and  although  the  store  engineer  said  the  heads 
fused  at  158  degrees  Fahrenheit,  the  manager  of  the  supervisory 
company  stated  they  fused  at  286  degrees  Fahrenheit  and  that 
heads  fusing  at  300  degrees  would  be  installed.  Thus,  for  three 
hours  during  a  busy  part  of  the  day  this  store  was  deprived  of 
sprinkler  protection  in  a  section  continually  subjected  to  great 
heat. 

When  sprinkler  systems  are  properly  maintained  they  are  of 
inestimable  value  in  preventing  serious  fires.  Because  of  the  pro- 
tection afforded  by  automatic  sprinklers  the  rules  for  their 
proper  maintenance  ought  to  be  carefully  made  and  enforced 
throughout  the  state.  Should  fire  occur  in  any  section  of  a  store 
which  —  because  of  repair  to  the  system,  lack  of  careful  main- 
tenance, or  lack  of  water  supply  —  is  temporarily  cut  off  from 
sprinkler  protection,  the  consequences  for  the  occupants  might  be 
grave.  Especially  would  this  be  so  where  over  confidence  in  the 
infallibility  of  the  sprinkler  system  has  allowed  owners  to  ignore 


654         APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS. 

the  necessity  for  adequate  exit  provision.  Whatever  the  devices 
for  extinguishing. fires  in  buildings,  the  exit  facilities  should  be 
adequate. 

CONCLUSION. 

After  a  study  of  the  facts  here  presented,  it  seems  clear  that 
there  is  imminent  danger  of  a  great  and  disastrous  fire  in  some 
mercantile  establishment  in  New  York  State. 

Two  sets  of  conditions  contribute  to  that  danger,  namely,  care- 
less maintenance  of  such  establishments,  and  construction  planned 
without  reference  to  the  safety  of  the  occupants. 

To  summarize  the  most  commonly  occurring  dangers,  we  find 
they  are: 

1.  Poor   housekeeping,    leading    to    conditions    favorable    for 
origin  or  spread  of  fire. 

2.  Lack  of  any  plan  to  facilitate  egress  and  prevent  panic  in 
case  of  fire. 

3.  Inadequate  number  and  size  of  street  exits  from  ground 
floors,  leading  to  conditions  which  would  cause  panic,  crowding 
and  crushing  in  case  of  fire. 

4.  Insufficient   number    of    stairways    for   accommodation   of 
crowds  on  the  upper  floors  in  case  of  fire. 

5.  Presence  of  open  stairways  which  not  only  fail  to  furnish 
a  safe  egress  in  case  of  fire,  but  act  as  spreaders  of  fire  from  floor 
to  floor. 

Remedies  can  undoubtedly  be  found  for  all  these  defects  and  a 
possible  terrible  tragedy  averted.  Many  of  the  worst  conditions 
are  the  result  of  poor  judgment,  lack  of  knowledge  or  lack  of 
attention  on  the  part  of  owners  and  managers.  For  the  most  part, 
the  existing  or  possible  exit  facilities  have  not  been  developed 
toward  making  safer  buildings,  even  when  no  great  expense  would 
be  entailed. 

The  principles  of  the  present  labor  law  in  regard  to  factories 
should  be  adapted  to  meet  the  needs  of  fire  protection  in  mercantile 
establishments.  The  necessary  adaptations  are  indicated  below. 

The  most  striking  provision  for  fire  safety  made  by  the  New 
York  State  Labor  Law  is  that  which  compels  the  reduction  of  the 


APPENDIX  VI -- MERCANTILE  ESTABLISHMENTS.         655 

number  of  occupants  on  any  floor  of  a  building  to  a  number  equal 
to  the  capacity  of  the  approved  exits  from  that  floor. 

The  difficulty  of  enforcing  any  such  regulation  in  a  mercantile 
establishment,  where  the  number  of  occupants  varies  from  hour 
to  hour,  is  obvious.  Consequently,  it  becomes  necessary  to  require 
exit  facilities  for  all  the  possible  occupants  of  a  mercantile  estab- 
lishment. 

It  is  generally  admitted  that  not  more  than  one-half  of  the 
floor  space  in  a  mercantile  establishment  is  free  from  stock,  fix- 
tures, etc.,  and  so  available  for  human  occupancy. 

The  requirement  for  exit  facilities  should  be  based  upon  the 
number  of  persons  who  can  occupy  this  free  space.  Since  a  crowd 
of  considerable  density  occupies  space  at  the.  rate  of  ten  square 
feet  per  person,  the  possible  number  of  persons  on  any  floor  of  a 
mercantile  establishment  can  be  computed,  and  stairway  or  hori- 
zontal exit  provision  can  be  required  for  them  on  the  regular  fac- 
tory  basis  of  fourteen  persons  for  every  eighteen  inches  in  width 
of  stairway. 

The  necessary  changes  in  stores  can  be  made  without  undue 
expense,  and  because  these  buildings  are  in  reality  public  buildings, 
to  which  crowds  of  persons  are  attracted  by  the  owner  for  the  gain 
of  the  owner,  there  can  be  no  doubt  of  the  state's  responsibility 
to  insist  upon  a  thoroughgoing  program  of  protection  to  human 
life  as  a  first  requisite  for  conducting  such  a  business. 

RECOMMENDED  REGULATIONS  FOR  MERCANTILE  ESTABLISHMENTS. 

The  following  regulations  are  recommended  for  the  maintenance 
and  construction  of  mercantile  establishments.  The  matters  re- 
lating to  the  maintenance  of  department  stores  might  well  be  sub- 
ject to  regulations  by  the  Industrial  Board  of  the  State  Labor  De- 
partment. Matters  relating  to  construction  or  alteration  of  mer- 
cantile establishments  should  undoubtedly  be  subjects  for  special 
legislation. 

Construction: 

1.  All  vertical  openings  between  floors  shall  be  enclosed  in 
fireproof  partitions,  and  all  openings  from  these  enclosures  to  the 
various  floors  shall  be  protected  by  self-closing,  fireproof  doors  or 


656         APPENDIX  VI  --  MERCANTILE  ESTABLISHMENTS. 

windows.  (For  definition  of  fireproof  partitions,  see  the  Factory 
Law.  Vertical  openings  include  rotundas,  wells,  stairways,  ele- 
vators, package  chutes,  light  shafts,  belt  openings,  pipe  and  duct 
shafts,  hoistways,  etc.) 

2.  From  every  floor  of  every  building  used  as  a  mercantile  es- 
tablishment, there  shall  be  at  least  two  standard  means  of  exit 
remote  from  each  other. 

A  standard  means  of  exit  shall  be  considered  an  enclosed  fire- 
proof stairway  (see  Factory  Law)  ;  or  a  smokeproof  tower;  or  a 
horizontal  exit;  or  an  exterior  screened  stairway  when  one  of  the 
three  foregoing  types  of  exit  is  present  in  the  building. 

3.  All  required  stairways  shall  extend  continuously  from  the 
floors  which  they  serve,  to  the  street;  or  to  a  fireproof  passageway 
independent  of  other  means  of  exit  from  the  building,  and  opening 
on  a  road  or  street ;  or  to  an  open  area  affording  unobstructed  pas- 
sage to  a  road  or  street. 

'4.  Each  floor  below  the  street  level  used  for  purposes  of  the 
business  in  any  mercantile  building  shall  have  at  least  two  stand- 
ard means  of  exit  remote  from  each  other  leading  directly  to  the 
street ;  or  to  a  fireproof  passageway,  or  vestibule  which  is  inde- 
pendent of  other  means  of  exit  from  the  building  and  opens  on  the 
street. 

5.  The  number  of  persons  who  may  be  allowed  to  occupy  any 
mercantile  building  or  portion  thereof  shall  be  limited  to  such 
number  as  can  safely  escape  from  such  building  by  the  means  of 
exit  provided.     (For  the  standard  of  exit  capacity  see  the  factory 
law,  section  79-e,  pars.  1,  2,  3,  4,  5,  6,  7,  and  8.) 

6.  Notice  of  the  number  of  persons  who  may  occupy  each 
floor  of  such  building  shall  be  posted  in  plain  view  on  each  floor 
in  as  many  places  as  the  Commissioner  of  Labor  may  designate. 

7.  All  doors  in  buildings  used  for  mercantile  purposes  shall 
open  outward,  or  be  double  swinging  doors. 

8.  Doors  from  all  interior  rooms  which  are  used  as  workrooms, 
or  from  any  interior  room  where  more  than  five  persons  are  per- 
mitted, shall  open  outward  or  be  double  swinging  doors. 

9.  No  revolving  doors  shall  be  allowed  at  any  entrance. 


A  i-  1>  KM  MX  VI  --  MKK<  A.XTII.K   I'"  si  AULISHMKNTS.         657 

in.      The  width  of  the  hallways,  vestibules  and  required  exit 
doors   leading  thcrH'rom  to  the  street  shall  be  not  less  than  the 
width  of  all  stairways  and  exits  leading  to  them. 


Maintenance: 

1.  No  door  (or  window)  or  other  opening  leading  to  a  means 
of  egress  shall  be  locked,  bolted  or  fastened  against  egress,  or  in 
any  way  obstructed. 

2.  All  exits   (stairways)   shall  be  maintained  free  of  all  ob- 
struction. 

•  1.  Aisles  throughout  the  building  shall  be  so  arranged  as  to 
afford  continuous,  safe,  unobstructed  passageways  on  each  floor 
of  the  building  with  an  unobstructed  width  of  at  least  three  feet 
throughout  their  length,  leading  directly  to  every  means  of  egress. 
including  fire-escapes  and  passenger  elevators. 

4.  •    No  aisles  in  any  building  shall  be  reduced  in  width  in  the 
direction  of  the  exit. 

5.  No  obstruction  of  any  kind,  fixed  or  movable,  shall  be  al- 
lowed to  divide  or  block  the  aisles. 

6.  All  interior  rooms  in  such  building  used  as  workrooms,  and 
all  interior  rooms  in  which  more  than  five  persons  are  permitted, 
shall  have  at  least  two  means  of  exit  remote  from  each  other. 

7.  Packing  rooms,  where  inflammable  material  is  used,  shall 
be  enclosed  in  fireproof  partitions. 

8.  All  excelsior,  paper,  clippings  or  other  inflammable  mate- 
rial iif-ed  for  packing  purposes  shall  be  baled  and  stored  in  a  fire- 
proof room,  and  all  loose  excelsior  in  use  in  packing  rooms  shall 
be  kept  in  approved  fireproof  bins. 

9.  Approved  fireproof  receptables  shall  be  provided  throughout 
the  building  for  the  reception  of  waste  material  and  rubbish,  and 
waste  material  must  be  placed  therein. 

10.  Where  gas  or  kerosene  are  used  for  lighting  purposes  the 
lights  shall  be  placed  at  least  eighteen  inches  distant  from  inflam- 
mable stock  and  shall  be  protected  by  wire  safety-cages.     No  mov- 
al>le  brackets  shall  l>e  permitted. 


658         APPENDIX  VI  —  MERCANTILE  ESTABLISHMENTS. 

11.  All  kitchens  or  bakeries  located  in  mercantile  establish- 
ments must  be  enclosed  in  fireproof  partitions  and  separated  from 
the  rest  of  the  building  by  such  partitions. 

12.  Smoking  shall  be  prohibited  throughout  the  building,  ex- 
cept in  fireproof  enclosed  rooms  set  aside  for  that  purpose. 

13.  All  exits  shall  be  plainly  marked  by  means  of  a  red-lighted 
sign,  and  in  addition  throughout  the  floor  area  there  shall  be  red- 
lighted  index  signs  showing  the  most  direct  path  to  the  various 
exits. 

14.  Where  there  are  different  floor  levels  in  any  building  or 
group  of  buildings  used  as  a  mercantile  establishment,  the  con- 
nection between  floor  levels  shall  be  by  means  of  gradients  having 
a  non-slipping  surface.     (This  item  should  be  made  to  conform  to 
the  provision  for  floor  levels  in  theatres  in  the  New  York  City 
Building  Code.) 

15.  All  stairways  which  are  not  adequately  lighted  by  natural 
light  shall  be  provided  with  artificial  light. 


APPENDIX  VII 


UK  PORT  TO  THE  NEW  YOEK  STATE  FACTORY  IN- 
V  INSTIGATING  COMMISSION"  OF  THE  FIRE  IN 
THE  FACTORY  OF  THE  BINGHAMTON  CLOTHING 
COMPANY,  BINGHAMTON,  N.  Y.,  JULY  22,  1913, 

BY 

JAMES  P.  WHISKEMAN,  C.  E., 
Advisory  Engineer  to  the  Commission. 


[659] 


UK  PORT  OF  THE  INVESTIGATION  OF  THE  FIRE  IN 
THE  FACTORY  OF  THE  BINGHAMTON  CLOTHING 

COMPANY,  BINCI1AMTON,  N.  Y.,  JULY  22,  1913. 

lion.    KOBKKT   F.   WA«;NKI{,   Chnlnnn,,   \or  York  State  Factory 
Investigating  Commission,  51  Chambers  Street,  City: 

SIR.  —  In  accordance  with  the  instructions  of  Bernard  L. 
Shientag,  Esq.,  Assistant  Counsel  to  your  Commission,  I  went  to 
Hinghamton  on  Wednesday.  July  :>:}<!,  arriving  there  about  8:30 
p.  M.,  and  proceeded  at  once  to  make  an  examination  of  the  Bing- 
hamton  Clothing  Company  fire. 

of 


The  fire  was  discovered  on  Tuesday,  July  22d,  about  2  :30  P.  M., 
and  in  a  short  time  (according  to  the  testimony  about  twenty 
minutes)  had  completely  destroyed  the  building.  Nothing  was 
left  standing  except  the  foundation  walls  and  the  piers  in  the 
cellar. 

L<>i-a1'un)  tin<J  ninn'Hxinnx  of  HuildiiKj. 

The  building  was  located  between  Center  street  and  Wall  street, 
in  the  city  of  I>inghamton,  X.  V.  Tt  stood  upon  a  lot  125'  4" 
deep  on  the  north  side,  and  11!»'  <'»"  deep  on  the  south  side,  the 
lot  U'ing  4.V  <>"  wide  on  Center  street  and  45'  3"  wide  on  Wall 
street.  The  building  occupied  the  entire  lot,  and  extended  in  its 
longest  dimensions  east  and  west,  Wall  street  being  at  the  west 
end.  and  (  'enter  street  at  the  east  end.  This  building  was  entirely 
detached  from  other  structures. 

Foundation  HV///\. 

The  building  was  about  twenty-two  years  old  and  was  four 
stone-  an.  I  cellar  in  height.  The  foundation  walls  are  built  of 
nibble  masonry.  -K\"  thick  on  the  sides  and  an  average  of  3'  0" 

thick    on    ('niter    -freer  :    pier-    being    n-ed    TO    support    the    front 
on   Wall   street  of  irregular  dimension-,  as  shown  on   the  accom- 

[661] 


662         APPENDIX  VII  -  -  BINGHAM TOIST  FACTORY  FIRE. 

panying  plans.  The  foundation  walls  and  piers  are  all  left  stand- 
ing, and,  with  the  exception  of  two  piers,  were  not  seriously 
affected  by  the  fire. 

Upper  Walls. 

The  upper  walls  were  built  of  brick,  1 6"  thick  in  the  first  story, 
and  probably  12"  or  16"  thick  in  the  upper  stories,  with  parapet 
walls  extending  above  the  roof  on  all  sides. 

The  main  entrance  was  in  the  center  of  the  building  on  Wall 
street.  The  walls  above  the  entrance  were  supported  on  cast-iron 
columns  and  brick  piers.  There  were  also  two  window  openings, 
in  addition  to  the  entrance,  in  the  first  story  on  Wall  street.  There 
was  another  entrance  to  the  building  on  Center  street,  and  also 
an  entrance  to  the  cellar  on  Center  street  In  addition  there  were 
two  windows  and  a  loading  platform  in  the  first  story  on  Center 
street.  The  north  side  wall  had  fifteen  window  openings  in  the 
cellar,  and  sixteen  window  openings  in  each  story  above  the  cellar; 
the  front  wall  on  Wall  street  had  five  large  window  openings  in 
each  story  above  the  first.  The  front  wall  on  Center  street  had 
six  window  openings  in  each  story  above  the  first.  The  south  side 
wall  had  no  openings  in  it  in  any  story. 

Interior  Floor  Construction. 

The  interior  of  the  building  consisted  of  wooden  floor  beams  and 
girders  supported  by  wooden  columns  above  the  cellar  floor,  the 
columns  being  supported  on  bonded  brick  piers  in  the  cellar.  The 
floor  beams  throughout  were  3  x  12"  hemlock,  12"  on  centers.  The 
girders  in  the  first  floor  were  composed  of  lO1/^"  iron  I-beams  with 
wooden  plates  on  each  side.  The  girders  on  the  upper  floors  were 
two  5l/2  x  12"  hemlock  timbers,  side  by  side,  with  1"  air  space  be- 
tween them.  The  brick  piers  in  the  cellar  were  2'  0"  by  2'  9"  in 
size,  with  cap  and  bond  stones.  The  posts  above  the  cellar  were 
8"  x  8"  beech,  and  were  about  12'  0"  on  centers.  The  floor  beams 
were  covered  by  %"  flooring. 

Stairways. 

There  was  one  stairway,  about  3'  0"  wide,  which  led  from  the 
entrance  door  on  Wall  street  to  the  second  floor.  There  was  an- 


APPENDIX  \7TT -- BTNGHAMTON  FACTORY  FIRE.          663 

other  stairway,  about  3'  0"  wide,  located  a  little  east  of  the  center 
of  the  building,  along  the  south  wall,  which  led  continuously  from 
the  first  floor  to  the  fourth  floor.  There  was  •  formerly  another 
stairway,  about  3'  0"  wide,  adjacent  to  this  one,  which  led  from 
the  second  floor  to  the  third  floor,  but  which  had  been  closed  up. 
The  entrance  to  the  cellar  was  by  a  stairway,  which  led  from  Cen- 
ter street.  There  was  formerly  another  stairway  to  the  cellar  un- 
derneath the  front  stairway,  but  which  had  been  closed  up.  The 
stairways  were  all  built  of  wood,  and  the  stairway  from  the  en- 
trance on  Wall  street  to  the  second  floor  was  provided  with  wood 
doors  at  the  top  and  bottom,  and  was  enclosed  on  the  sides  by  wood 
partitions,  which  served  the  purpose  of  dividing  partitions.  The 
main  stairway  along  the  south  wall  was  unenclosed,  excepting 
where  a  partition  was  placed  alongside  of  it  to  enclose  a  room. 
There  were  no  doors  to  this  stairway.  The  stairways  from  Center 
street  to  the  first  floor  and  to  the  cellar  were  unenclosed.  Exit  to 
the  roof  was  by  means  of  a  scuttle  and  ladder. 

Elevator. 

A  freight  elevator  was  provided,  to  the  east  of  the  main  stair- 
way, along  the  south  wall,  as  shown  on  the  plans,  which  ran  from 
the  cellar  to  the  top  floor.  There  was  no  elevator  shaft,  trap  doors 
being  provided  in  the  various  floors  through  which  the  elevator 
passed,  and  which  were  opened  and  closed  automatically  by  the 
elevator  in  passing  through  the  floors. 

Chutes. 

Two  chutes  were  provided,  one  of  which  was  located  near  Center 
street  along  the  north  wall,  and  which  extended  from  the  cellar 
to  the  second  floor,  and  was  used  to  lower  waste  materials,  cuttings, 
clippings,  and  other  material  to  the  cellar,  where  it  was  received 
by  the  engineer.  The  other  chute  was  located  alongside  of  the 
main  stairway,  and  extended  from  the  cellar  to  the  fourth  floor. 
This  chute  was  used  to  hoist  material  from  floor  to  floor,  and  to 
lower  the  waste  materials,  clippings,  cuttings  and  rubbish  from 
the  various  floors  to  the  cellar,  where  it  was  received  by  the  en- 
gineer. The  chutes  were  enclosed  by  board  partitions  with  unpro- 
tected openings  at  each  floor. 


664          APPENDIX  VII  -  -  BTNGHAMTON  FACTORY  FIRE. 

Openings  Unprotected. 

The  window  and  door  openings  throughout  the  building  were 
not  protected  by  fire-resisting  material  in  the  shape  of  metal  frames 
and  wired  glass  or  fireproof  shutters  and  doors. 

Fire-escape. 

A  double-rung  inclined  ladder  fire-escape  was  located  at  the 
southeast  corner  of  the  building  on  Center  street  and  took  in  the 
two  southerly  window  openings.  The  platform  of  this  fire-escape 
was  3'  0"  wide  and  was  provided  with  a  railing  3'  0"  high.  The 
ladder  was  19"  wide  in  the  clear,  and  was  placed  at  an  angle  of 
more  than  60  degrees.  The  treads  were  composed  of  two  %" 
round  bars,  21/£"  apart.  The  rise  was  12",  the  width  of  each 
string  was  4"  and  the  thickness  of  the  string  was  %".  There  was 
a  hand-rail  provided.  The  brackets  to  support  the  balconies  ex- 
tended through  the  wall,  and  were  bolted  on  the  inside,  and  were 
made  of  V  square  rods.  A  goose-neck  ladder  was  provided  from 
the  fouth  story  balcony  to  the  roof,  and  a  drop  ladder  was  pro- 
vided from  the  second  story  balcony  to  the  ground,  which  was 
kept  hung  on  the  third  floor  balcony,  and  which  had  to  be  lowered 
by  hand  and  hooked  over  the  second  floor  balcony  when  in  use. 
The  drop  ladder  was  12"  in  width,  with  strings  %"  x  1%",  and 
rungs  Vi"  in  diameter  placed  12"  on  centers.  The  fire-escape 
passed  windows  which  were  unprotected,  by  shutters  or  metal 
frames  or  wired  glass. 

Access  fo  Fire-escape. 

Access  to  the  fire-escape  was  had  through  the  two  window  open- 
ings in  the  Center  street  front  nearest  the  southerly  end  of  the 
building.  The  balcony  for  the  fire-escape  was  placed  directly 
below  the  window  sill,  which  was  some  distance  above  the  floor. 
Wooden  steps  were  provided  in  the  interior  leading  to  the  win- 
dow sill. 

Effect  of  the  Fire  on  Fire-escape. 

The  fire-escape  was  completely  destroyed  when  the  wall  fell  on 
which  it  was  placed.  An  examination  of  the  material  showed  that 


APPKMHX   V  I  I  —  BINGHAMTON  FACTORY  FIRE.          665 

it  suffered  peril  sips  more  from  the  fall  than  it  did  from  the  fire, 
although  it  was  warped  and  out  of  shape. 

Nature  of  Business. 

The  building  throughout  was  occupied  by  the  Binghamton  Cloth- 
ing Company  in  the  manufacture  of  workingmen's  clothing,  such 
as  overalls,  rain  coats,  heavy  wool-lined  coats,  etc.  The  materials 
used  were  largely  of  a  cotton  texture  and  were  inflammable. 

Occupancy  of  Cellar. 

In  the  cellar  was  placed  the  boiler,  engine  and  some  electric 
machinery.  The  cellar  was  used  for  the  storage  of  raw  materials, 
packing  cases  and  for  the  storage  of  the  waste  materials,  clippings 
and  cuttings,  where  it  was  bundled  in  bags  for  a  ragman  who  came 
once  a  week. 

(  )c<'n}><incii  of  First  Floor. 

The  first  floor  was  occupied  on  the  north  side  by  main  office, 
private  office,  ladies'  coat  room  and  stockroom,  and  on  the  south 
side  by  a  store,  toilet  room  and  shipping  room.  These  rooms  were 
nil  partitioned  off  from  each  other  and  from  the  hallways,  which 
ran  through  the  center  of  the  building  from  the  main  entrance, 
by  wooden  partitions. 

Occupancy  of  Second  Floor. 

The  second  floor  was  occupied  on  the  north  side  by  cutting  tables 
and  marking  tables  and  on  the  south  side  by  stock  rooms  and  a 
toilet  room. 


of  Third   Floor. 

The  third  floor  was  occupied  on  the  north  side  by  pressing  tables. 
button  machines  and  folding  room,  and  on  the  south  side  by  inspec- 
liuii  moms,  ladies'  wash  room  and  dressing  rooms  and  stock  rooms. 

n<-cn  i><tn<'ii  of  Foil  rlli  Floor  —  Number  of  Occupants. 

The  fourth  floor  was  occupied  by  the  sewing  machines,  and  by 
tables  to  store  material  in  process  of  manufacture.  According  to 
the  testimony,  there  was  one  person  at  work  in  the  cellar,  six 
persons  on  the  first  floor,  five  persons  on  the  second  floor,  twenty 


666         APPENDIX  VII  -  -  BINGHAMTON  FACTORY  FIRE. 

persons  on  the  third  floor,  and  eighty  persons  on  the  fourth  floor, 
at  the  time  the  fire  took  place.  The  sewing  machines  were  for- 
merly located  on  the  third  floor,  but  some  time  ago  were  moved 
to  the  fourth  or  top  floor,  on  account  of  the  increased  light,  due  to 
a  number  of  skylights  placed  in  the  roof, 

Partitions. 

The  partitions  throughout  the  building  were  of  wood. 
Fire  Appliances. 

The  building  was  equipped  some  two  months  ago  with  a  fire- 
alarm  signal  system,  which  could  be  operated  by  a  push-button 
from  the  various  floors.  There  were  three  fire  pails  on  the  first 
floor  and  six  on  the  second  floor.  There  was  no  testimony  which 
brought  out  the  number  of  fire  buckets  on  any  of  the  other  floors. 
There  were  no  fire  extinguishers,  fire  hose  or  other  fire  appliances 
of  any  kind  on  the  premises. 

Conditions  of  the  Factory. 

According  to  all  the  testimony,  including  that  of  the  owner, 
the  floors  were  not  swept  oftener  than  once  a  day,  at  which  time 
waste  materials,  clippings  and  cuttings  were  collected  and  placed 
in  bags,  and  hoisted  down  one  of  the  chutes,  or  swept  down  one 
of  the  chutes  and  placed  in  bags  in  the  cellar.  This  material  was 
not  removed  from  the  cellar  oftener  than  once  a  week.  This 
waste  material  was  not  baled  or  stored  in  fireproof  enclosures. 
The  oily  rags,  according  to  the  testimony  of  the  owner,  were  placed 
in  metal  receptacles  or  burned.  Both  gas  and  electricity  were 
used  in  the  building;  a  violation  had  been  filed  at  a  distant 
period  to  enclose  the  gas  jets  in  wire  cages,  which  was  stated 
had  been  complied  with.  On  the  top  floor  the  rows  of  sewing  ma- 
chine tables  were  arranged  so  as  to  provide  an  aisle  at  each  end 
with  the  exception  of  two  rows,  which  had  aisles  placed  only  at 
the  one  end. 

Location  and  Progress  of  the  Fire. 

The  fire  was  first  discovered,  according  to  the  living  witnesses, 
underneath  the  main  flight  of  stairs,  adjacent  to  the  south  wall 


APPENDIX  VII  --BINGHAMTON  FACTORY  FIRE.         667 

of  the  building,  leading  from  the  first  floor  to  the  second  floor, 
either  on  a  shelf  or  on  the  floor.  According  to  the  testimony  of 
the  shipping  clerk,  who  was  working  adjacent  to  this  stairway, 
he  had  left  the  floor  for  a  period  of  five  minutes,  when  upon  his  re- 
turn he  smelled  smoke,  and  saw  the  fire  on  top  of  the  shelf  un- 
derneath this  stairway.  This  rack  or  shelf  was  suspended  from 
the  stairway  about  seven  feet  above  the  floor  level  and  was  used  to 
store  some  plush,  canvass  and  old  office  books.  The  shipping  clerk 
immediately  emptied  the  three  buckets  of  water  on  the  flames 
v/ithoiit  any  effect.  About  the  same  time  Mr.  Freeman,  the  owner 
of  the  factory,  discovered  the  flames  on  the  floor  underneath  the 
shelf.  Mrs.  Freeman  in  the  meantime  telephoned  to  the  fire  de- 
partment. About  this  same  time  the  smoke  was  seen  coming  up 
through  the  open  stairway  to  the  second  floor,  by  several  of  the 
cutters  employed  on  this  floor,  one  of  whom,  Mr.  Decker,  pressed 
the  button  which  sounded  the  alarm.  The  others  emptied  six  pails 
of  water  down  011  to  the  fire,  without  any  effect.  Mr.  Decker 
testified  that  he  kept  his  finger  on  the  button  for  about  three  min- 
utes, when  the  room  became  so  filled  with  smoke  that  he  was  com- 
pelled to  crawl  to  the  stairway  in  the  front  of  the  building,  lead- 
ing to  Wall  street,  which  he  descended  to  the  first  floor,  and  stop- 
ping at  the  office  met  Mr.  and  Mrs.  Freeman  and  the  bookkeepei 
about  to  leave  the  building. 

The  shipping  clerk  likewise  stated  that  after  he  had  emptied 
the  three  buckets  of  water  on  the  fire,  the  smoke  became  so  thick 
that  he  could  only  pause  long  enough  to  call  to  the  engineer  in  the 
cellar  and  make  his  escape.  Mr.  Freeman  states  he  stayed  but 
a  very  short  time  at  the  stairway  where  the  fire  was  discovered, 
and  met  Mr.  Decker  on  his  way  out;  Mrs.  Freeman  still  being  at 
the  telephone  trying  to  get  the  fire  department  when  he  got  back 
to  his  office  in  the  front  of  the  building;  then  he  and  Mrs.  Free- 
man and  the  bookkeeper  left  the  building.  One  of  the  cutters  on 
the  second  floor  stated  that  he  made  his  exit  by  way  of  the  fire- 
escape  on  Center  street.  He  released  the  drop-ladder  for  that  pur- 
pose, and  had  hardly  gotten  down  when  all  escape  by  means  of 
the  fire-escape  was  cut  off.  The  above  facts  all  clearly  show  that 
the  fire  spread  very  rapidly,  and  that  only  three  minutes  elapsed 
from  the  time  of  its  discovery  until  all  means  of  escape  were  cut 


668         APPENDIX  VII  —  BINGHAMTON  FACTORY  FIRE. 

off.  All  the  windows  throughout  the  building,  of  which  there 
were  a  great  many,  were  open  at  the  time  of  the  fire.  Immediately 
after  its  discovery,  the  fire  spread  through  the  open  main  stairway 
from  the  first  to  the  second  floors,  and  cut  off  all  means  of  escape 
from  the  second  to  the  first  floor  by  means  of  this  stairway.  Those 
that  escaped  from  above  the  first  floor  all  went  down  the  front 
stairway  leading  to  Wall  street.  The  fire  and  smoke  soon  spread 
through  this  open  stairway  to  the  other  floors,  cutting  off  all  means 
of  escape.  The  chutes,  which  had  unprotected  openings  at  each 
floor,  likewise  served  as  carriers  for  the  smoke  and  flames. 

Damage  to  Exposed  Property. 

Through  some  confusion  of  the  city  fire-alarm  system  the  fire 
company  was  delayed  in  getting  to  the  fire.  When  the  fire  com- 
pany arrived  at  the  scene,  smoke  was  already  pouring  out  of  all 
the  windows  throughout  the  entire  building,  and  all  hope  of  res- 
cue had  gone.  In  fact,  when  the  fire  truck  passed  the  building, 
the  flames  were  so  hot  that  blankets  on  the  truck  were  set  on  fire 
and  ladders  were  scorched.  The  fire  was  of  such  intensity  that 
the  post-office  building  83  feet  away  was  sot  on  fire,  one-third  of 
the  roof  being  burned  off  and  considerable  damage  being  done  to 
the  interior.  The  fire  was  communicated  to  several  buildings 
across  the  street  on  Center  street,  which  were  considerably  dam- 
aged, and  to  a  concrete  garage  some  eighty  feet  away,  which  had 
unprotected  window  openings  in  it. 

Loss  of  Life. 

When  all  means  of  escape  was  cut  off,  the  employees  on  the 
upper  floors  were  overcome  by  the  smoke  and  fire,  or  jumped  from 
the  windows  and  were  injured  or  killed.  The  total  number  of 
lives  lost  being  in  the  neighborhood  of  thirty-five,  all  being  WOIMCMI 
but  two. 

I  am  of  the  opinion  that  the  fire  originated  in  the  cellar,  in  the 
neighborhood  of  the  main  stairway,  and  had  gotten  considerable 
headway  before  it  was  discovered  in  the  first  floor  underneath  the 
stairway,  to  which  floor  it  was  either  communicated  through  the 
floor  itself,  or  through  the  unprotected  openings  of  the  chute. 


APPENDIX  VII  -  -  BINGHAMTON  FACTORY  FIRE.         669 

Origin  of  Fire. 

From  the  testimony  of  the  employees  and  the  owner,  the  waste 
m;it(M-i;ils,  cuttings  and  clippings,  etc.,  were  all  stored  in  the  base- 
ment and  were  not  baled  and  stored  in  fireproof  enclosures,  but 
wrm  probably  left  lying  on  the  cellar  floor  in  the  neighborhood 
of  the  chute  underneath  the  main  stairway,  where  in  my  estima- 
tion, the  fire  originated. 

Property  Loss. 

The  fire  spread  with  great  rapidity,  after  it  reached  the  first 
floor,  through  the  unprotected  vertical  openings  fanned  by  the 
draught  created  by  the  open  windows,  until  within  a  very  short 
time  the  entire  building  was  in  flames.  All  that  was  left  after 
the  fire  had  spent  its  fury  were  the  cellar  walls  and  the  boiler  and 
the  mass  of  ruins.  The  upper  walls  fell  outward  and  disinte- 
grated, allowing  the  interior  floors  and  contents  to  fall  and  be 
coifsumed.  The  loss  of  life  would  have  been  very  much  greater 
had  it  not  been  for  the  second  stairway  in  the  front  of  the  build- 
ing leading  to  Wall  street,  from  the  second  floor  to  the  first  floor. 

Summary. 

The  circumstances  attending  the  origin,  cause  and  rapid  spread 
of  the  fire  and  the  accompanying  destruction  of  life  forcibly  il- 
lustrate: 

First. —  The  evident  and  prevalent  neglect  to  exercise  simple 
and  ordinary  precautionary  measures  against  the  outbreak  of  fire 
by  the  removal  of  readily  preventable  causes. 

Second. —  The  necessity  of  removing  waste  materials,  cuttings 
and  rubbish  from  the  floors  of  factory  buildings  and  storing  them 
in  fireproof  receptacles.  All  factory  floors  should  be  thoroughly 
swept  at  least  twice  each  day,  all  waste,  etc.,  kept  in  fireproof  re- 
ceptacles and  removed  from  the  building  at  least  once  each  day 
or  be  baled  and  stored  in  fireproof  enclosures. 

Third. — Automatic  sprinklers  are  essential  and  should  be  pro- 
vided in  all  factory  buildings  where  the  nature  of  the  work  done 
and  the  materials  used  may  readily  cause  a  fire. 


670          APPENDIX  VII  -  -  BINGHAMTON  FACTORY  FIRE. 

Fourth. —  The  necessity  of  efficiently  organized  fire-drills  and 
private  fire  departments  equipped  with  auxiliary  fire-fighting  ap- 
paratus. Fire-drills  in  connection  with  a  fire-alrm  signal  system 
should  be  conducted  at  frequent  intervals  in  every  factory  build- 
ing, with  special  regard  to  the  exit  facilities,  so  that  if  one  exit 
should  be  cut  off,  the  efficiency  of  the  drill  and  the  opportunity 
for  escape  may  not  be  lessened. 

Fifth. —  The  necessity  of  proper  and  sufficient  exit  facilities. 
All  factory  buildings  of  two  or  more  stories  in  height  should  be 
provided  with  at  least  two  efficient  means  of  exit  remote  from  each 
other. 

Sixth. —  The  necessity  for  the  enclosure  of  stairways  in  all  fac- 
tory buildings  two  or  more  stories  in  height.  The  interior  stair- 
ways should  be  enclosed  in  partitions  of  fire-resisting  materials, 
and  provided  with  doors  likewise  of  fire-resisting  materials. 

Seventh. —  The  necessity  for  limiting  the  number  of  occupants 
in  accordance  with  the  exit  facilities  provided.  A  law  to  that  effect 
recommended  by  the  Factory  Commission  was  passed  at  the  last 
session  of  the  Legislature.  (Sec.  79e  of  the  Labor  Law.)  This 
law  goes  into  effect  on  February  1,  1914.  Under  it  no  more  than 
about  36  employees  would  have  been  permitted  to  work  on  the 
fourth  floor.  Eighty  employees  worked  on  that  floor  on  the  day 
the  fire  occurred. 

Eighth. —  The  utter  inadequacy  of  the  so-called  outside  fire- 
escape  has  again  been  tragically  demonstrated. 


The  laws  passed  by  the  last  Legislature  as  the  result  of  the 
recommendations  of  the  New  York  State  Factory  Investigating 
Commission,  fully  cover  the  foregoing  requirements,  and  furnish 
adequate  protection  for  the  lives  of  factory  employees.  Of  the 
foregoing,  requirements  one,  two,  three  and  six  are  covered  by 
laws  already  in  force  at  the  time  of  the  Binghamton  fire ;  require- 
ments four  and  five  are  covered  by  laws  which  take  effect  October 
first,  1913. 


APPENDIX  VII -- BTNGHAMTON  FACTORY  FIRE.         671 

Recommendations. 

The  Industrial  Board  in  the  exercise  of  its  discretionary  power, 
has  the  authority  to  require  that  the  stairways  in  factory  build- 
ings regardless  of  height  be  enclosed  in  partitions  of  fire-resisting 
material,  where  necessary  for  the  adequate  protection  of  the  lives 
and  safety  of  all  persons  employed  therein. 

In  the  light,  of  this  disaster,  which  shows  the  great  fire  hazard 
in  low  factory  buildings,  I  would  recommend  that  instead  of  leav- 
ing it  discretionary  with  the  Industrial  Board,  the  following 
mandatory  requirement  be  inserted  in  the  law  itself: 

"All  stairways  serving  as  required  means  of  exit  in  factory 
buildings  two  stories  or  over  in  height  in  which  more  than  25 
persons  are  employed  on  or  above  the  second  story,  and  in  which 
there  is  no  horizontal  exit  or  exterior  enclosed  fireproof  stairway, 
shall  be  enclosed  by  partitions  of  approved  fire-resisting  material 
extending  continuously  from  the  basement/' 

The  original  draft  of  this  Section,  in  the  bill  proposed  by  the 
New  York  State  Factory  Investigating  Commission,  required  that 
the  stairways  in  factory  buildings  over  two  stories  in  height  be 
enclosed  in  fireproof  partitions. 


672 


APPENDIX  VII  —  BINGHAMTON  FACTORY  FIRE. 


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APPENDIX  VII  — 


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